People ex rel. Rodriguez v. Warden

Appellate Division of the Supreme Court of New York

People ex rel. Rodriguez v. Warden

49 A.D.2d 523, 370 N.Y.S.2d 105, 1975 N.Y. App. Div. LEXIS 10370

Appellate Division of the Supreme Court of the State of New York·Decided July 3, 1975·Published

Opinion

Judgment, Supreme Court, Bronx County, rendered March 13, 1974, dismissing, after a hearing, relator’s writ of habeas corpus, unanimously reversed, on the law and in the interest of justice, and the matter remanded for a new hearing. At issue is whether relator was properly credited with "good time” and whether certain "good time” initially credited was properly revoked. The documentation at the first hearing was incomplete to the extent that the particulars of relator’s sentencing history were not presented to the court. We have, accordingly, in the interest of justice, remanded the matter for a new hearing. Concur— Markewich, J. P., Lupiano, Capozzoli, Lane and Nunez, JJ.

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Judgment, Supreme Court, Bronx County, rendered March 13, 1974, dismissing, after a hearing, relator’s writ of habeas corpus, unanimously reversed, on the law and in the interest of justice, and the matter remanded for a new hearing. At issue is whether relator was properly credited with "good time” and whether certain "good time” initially credited was properly revoked. The documentation at the first hearing was incomplete to the extent that the particulars of relator’s sentencing history were not presented to the court. We have, accordingly, in the interest of justice, remanded the matter for a new hearing. Concur— Markewich, J. P., Lupiano, Capozzoli, Lane and Nunez, JJ.

People ex rel. Rodriguez v. Warden, 49 A.D.2d 523, 370 N.Y.S.2d 105, 1975 N.Y. App. Div. LEXIS 10370 (N.Y. Ct. App. 1975).

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49 A.D.2d 523 (People ex rel. Rodriguez v. Warden) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.