PEO EX REL FLORES v. DALSHEIM


66 A.D.2d 381 (1979)

The People of the State of New York ex rel. Edward Flores, Respondent, v. Stephen Dalsheim, as Superintendent of Ossining Correctional Facility, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 13, 1979


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz and Burton Herman of counsel), for appellants.

William E. Hellerstein and Donald H. Zuckerman (Betti J. Sachs on the brief), for respondent.

DAMIANI, RABIN and MARGETT, JJ., concur.


HOPKINS, J. P.

Should a parolee who violated the conditions of parole be relieved of the imposition of sanctions by virtue of the failure of the State to execute a parole violation warrant? In the answer to this question lies the determination of this appeal.

In their broadest terms the facts are that the petitioner was sentenced to imprisonment upon his conviction and later was released on parole. Thereafter...

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