People ex rel. Cook v. Sullivan

Appellate Division of the Supreme Court of New York

People ex rel. Cook v. Sullivan

130 A.D.2d 532, 515 N.Y.S.2d 113, 1987 N.Y. App. Div. LEXIS 46536

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

DecidedMay 4, 1987

StatusPublished

Cited by1 cases

This text of 130 A.D.2d 532 (People ex rel. Cook v. Sullivan) 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

People ex rel. Cook v. Sullivan, 130 A.D.2d 532, 515 N.Y.S.2d 113, 1987 N.Y. App. Div. LEXIS 46536 (N.Y. Ct. App. 1987).

Pincite

Opinion

In a habeas corpus proceeding, the petitioner appeals from a judgment of the Supreme Court, Westchester County (Wood, J.), entered June 11, 1986, which dismissed the proceeding.

[533]*533Ordered that the judgment is affirmed, without costs or disbursements.

A review of the case summary of the parole officer, annexed as an exhibit to the respondent’s answer, indicates that the parole authorities were apparently awaiting the disposition of certain criminal charges against the petitioner before lodging a parole violation warrant against him. The criminal charges were expeditiously concluded within six months of the defendant’s arrest, and resulted in his conviction of attempted assault in the second degree. Shortly after the imposition of sentence on the petitioner upon that conviction, the parole violation warrant was filed against him based upon his criminal conviction. Under these circumstances, it cannot be said that the New York State Division of Parole unduly delayed in filing the parole violation warrant against the petitioner (see, 9 NYCRR 8004.2 [d] [2]; People ex rel. Flores v Dalshiem, 66 AD2d 381).

We have considered the appellant’s remaining contentions and find them to be without merit. Mollen, P. J., Mangano, Brown and Lawrence, JJ., concur.

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

In a habeas corpus proceeding, the petitioner appeals from a judgment of the Supreme Court, Westchester County (Wood, J.), entered June 11, 1986, which dismissed the proceeding.

[533]*533Ordered that the judgment is affirmed, without costs or disbursements.

A review of the case summary of the parole officer, annexed as an exhibit to the respondent’s answer, indicates that the parole authorities were apparently awaiting the disposition of certain criminal charges against the petitioner before lodging a parole violation warrant against him. The criminal charges were expeditiously concluded within six months of the defendant’s arrest, and resulted in his conviction of attempted assault in the second degree. Shortly after the imposition of sentence on the petitioner upon that conviction, the parole violation warrant was filed against him based upon his criminal conviction. Under these circumstances, it cannot be said that the New York State Division of Parole unduly delayed in filing the parole violation warrant against the petitioner (see, 9 NYCRR 8004.2 [d] [2]; People ex rel. Flores v Dalshiem, 66 AD2d 381).

We have considered the appellant’s remaining contentions and find them to be without merit. Mollen, P. J., Mangano, Brown and Lawrence, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

130 A.D.2d 532, 515 N.Y.S.2d 113, 1987 N.Y. App. Div. LEXIS 46536, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-cook-v-sullivan-nyappdiv-1987.

Opinion

Related

Cite This Page — Counsel Stack