Ponton v. Rodriguez

Appellate Division of the Supreme Court of New York

Ponton v. Rodriguez

190 A.D.2d 521, 593 N.Y.S.2d 462, 1993 N.Y. App. Div. LEXIS 867

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

DecidedFebruary 2, 1993

StatusPublished

This text of 190 A.D.2d 521 (Ponton v. Rodriguez) 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

Ponton v. Rodriguez, 190 A.D.2d 521, 593 N.Y.S.2d 462, 1993 N.Y. App. Div. LEXIS 867 (N.Y. Ct. App. 1993).

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Opinion

— Determination of the respondent New York State Board of Parole, dated June 21, 1990, which revoked petitioner’s parole and ordered petitioner’s incarceration for a period of two years, is unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Edward Greenfield, J.], entered December 6, 1990), is dismissed, without costs.

Substantial evidence supporting the determination that petitioner resisted a lawful arrest was produced at the hearing. When the petitioner was initially seized, the police officer had probable cause to believe that defendant was committing a crime. (People v Carrasquillo, 54 NY2d 248, 254.)

Accordingly, the determination of the Board of Parole should be upheld as it was based upon a parole violation resulting from a lawful arrest. Concur — Carro, J. P., Rosenberger, Ellerin and Kupferman, JJ.

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— Determination of the respondent New York State Board of Parole, dated June 21, 1990, which revoked petitioner’s parole and ordered petitioner’s incarceration for a period of two years, is unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Edward Greenfield, J.], entered December 6, 1990), is dismissed, without costs.

Substantial evidence supporting the determination that petitioner resisted a lawful arrest was produced at the hearing. When the petitioner was initially seized, the police officer had probable cause to believe that defendant was committing a crime. (People v Carrasquillo, 54 NY2d 248, 254.)

Accordingly, the determination of the Board of Parole should be upheld as it was based upon a parole violation resulting from a lawful arrest. Concur — Carro, J. P., Rosenberger, Ellerin and Kupferman, JJ.

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Bluebook (online)

190 A.D.2d 521, 593 N.Y.S.2d 462, 1993 N.Y. App. Div. LEXIS 867, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ponton-v-rodriguez-nyappdiv-1993.

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