People ex rel. Stewart v. Foreman

123 A.D.2d 524, 506 N.Y.S.2d 968, 1986 N.Y. App. Div. LEXIS 60299

Opinion

Judgment unanimously reversed, on the law, and writ of habeas corpus dismissed. Memorandum: There is no merit to relator’s claim that he was deprived of the right to counsel at his preliminary parole revocation hearing (People ex rel. Clanton v Smith, 105 AD2d 1123, lv denied 64 NY2d 606; see also, Executive Law § 259-i [3] [c] [iii], [v]; 9 NYCRR 8005.5 [b]; People ex rel. Calloway v Skinner, 33 NY2d 23, 31). Relator’s remaining claim, that he was not given timely notice of the parole violation charges against him (see, Executive Law § 259-i [3] [c] [iii]), is not supported by the record. (Appeal from judgment of Supreme Court, Erie County, Doyle, J.—habeas corpus.) Present—Doerr, J. P., Boomer, Green, Pine and Balio, JJ.