Gonzalez v. New York State Division of Parole

Appellate Division of the Supreme Court of New York

Gonzalez v. New York State Division of Parole

176 A.D.2d 237, 573 N.Y.S.2d 1022, 1991 N.Y. App. Div. LEXIS 11514

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 9, 1991

StatusPublished

Cited by1 cases

This text of 176 A.D.2d 237 (Gonzalez v. New York State Division of Parole) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gonzalez v. New York State Division of Parole, 176 A.D.2d 237, 573 N.Y.S.2d 1022, 1991 N.Y. App. Div. LEXIS 11514 (N.Y. Ct. App. 1991).

Pincite

Opinion

— In a proceeding pursuant to CPLR article 78 to review a determination of the New York State Division of Parole revoking the petitioner’s parole pursuant to Executive Law § 259-i, the appeal is from a judgment of the Supreme Court, Westchester County (Lange, J.), entered November 27, 1989, which denied the petition.

Ordered that the judgment is affirmed, without costs or disbursements.

There is no merit to the petitioner’s contention that he was deprived of his rights to preliminary and final parole revocation hearings prior to the revocation of his parole. The petitioner’s parole was revoked by operation of law as a result of a conviction in 1988 for criminal possession of a weapon in the third degree (see, Matter of Cohen v New York State Bd. of Parole, 131 Misc 2d 495; People ex rel. Conyers v New York State Div. of Parole, 130 Misc 2d 33). Accordingly, the petitioner had no right to a preliminary revocation hearing (see, Executive Law § 259-i [3] [c] [i]; Matter of Alevras v Chairman of N. Y. Bd. of Parole, 118 AD2d 1020, 1021) nor to a final parole revocation hearing (see, Executive Law § 259-i [3] [d] [iii]; People ex rel. Harris v Sullivan, 74 NY2d 305; Matter of Pierre v Rodriguez, 131 AD2d 763, 764).

We have reviewed the petitioner’s remaining contentions and find them to be without merit. Eiber, J. P., Rosenblatt, Miller and Ritter, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

— In a proceeding pursuant to CPLR article 78 to review a determination of the New York State Division of Parole revoking the petitioner’s parole pursuant to Executive Law § 259-i, the appeal is from a judgment of the Supreme Court, Westchester County (Lange, J.), entered November 27, 1989, which denied the petition.

Ordered that the judgment is affirmed, without costs or disbursements.

There is no merit to the petitioner’s contention that he was deprived of his rights to preliminary and final parole revocation hearings prior to the revocation of his parole. The petitioner’s parole was revoked by operation of law as a result of a conviction in 1988 for criminal possession of a weapon in the third degree (see, Matter of Cohen v New York State Bd. of Parole, 131 Misc 2d 495; People ex rel. Conyers v New York State Div. of Parole, 130 Misc 2d 33). Accordingly, the petitioner had no right to a preliminary revocation hearing (see, Executive Law § 259-i [3] [c] [i]; Matter of Alevras v Chairman of N. Y. Bd. of Parole, 118 AD2d 1020, 1021) nor to a final parole revocation hearing (see, Executive Law § 259-i [3] [d] [iii]; People ex rel. Harris v Sullivan, 74 NY2d 305; Matter of Pierre v Rodriguez, 131 AD2d 763, 764).

We have reviewed the petitioner’s remaining contentions and find them to be without merit. Eiber, J. P., Rosenblatt, Miller and Ritter, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

176 A.D.2d 237, 573 N.Y.S.2d 1022, 1991 N.Y. App. Div. LEXIS 11514, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gonzalez-v-new-york-state-division-of-parole-nyappdiv-1991.

Opinion

Related

Cite This Page — Counsel Stack