People ex rel. David v. New York State Division of Parole

Appellate Division of the Supreme Court of New York

People ex rel. David v. New York State Division of Parole

12 A.D.3d 963, 784 N.Y.S.2d 912, 2004 N.Y. App. Div. LEXIS 14327

Appellate Division of the Supreme Court of the State of New York·Decided November 24, 2004·Published·Cited by 3 cases

Opinion

Appeal from a judgment of the County Court of Delaware County (Becker, J.), entered March 21, 2003, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner was released on parole but was subsequently charged with violating the terms of such parole. Following a preliminary hearing, the Hearing Officer found that probable cause existed to believe that petitioner violated the terms of his probation based upon the positive urinalysis test results indicating petitioner’s use of cocaine and marihuana, the violation of release report and testimony from his parole officer. County Court thereafter denied petitioner’s subsequent application for habeas corpus relief which contested the basis of the parole violation. This appeal ensued. Inasmuch as there has been a final revocation determination, the challenge to the preliminary hearing has been rendered moot (see People ex rel. McCummings v De Angelo, 259 AD2d 794 [1999], lv denied 93 NY2d 810 [1999]).

Crew III, J.P., Peters, Spain, Carpinello and Mugglin, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Appeal from a judgment of the County Court of Delaware County (Becker, J.), entered March 21, 2003, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner was released on parole but was subsequently charged with violating the terms of such parole. Following a preliminary hearing, the Hearing Officer found that probable cause existed to believe that petitioner violated the terms of his probation based upon the positive urinalysis test results indicating petitioner’s use of cocaine and marihuana, the violation of release report and testimony from his parole officer. County Court thereafter denied petitioner’s subsequent application for habeas corpus relief which contested the basis of the parole violation. This appeal ensued. Inasmuch as there has been a final revocation determination, the challenge to the preliminary hearing has been rendered moot (see People ex rel. McCummings v De Angelo, 259 AD2d 794 [1999], lv denied 93 NY2d 810 [1999]).

Crew III, J.P., Peters, Spain, Carpinello and Mugglin, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

People ex rel. David v. New York State Division of Parole, 12 A.D.3d 963, 784 N.Y.S.2d 912, 2004 N.Y. App. Div. LEXIS 14327 (N.Y. Ct. App. 2004).

Pincite

12 A.D.3d 963 (People ex rel. David v. New York State Division of Parole) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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