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PEOPLE EX REL. BURKE v. SMITH

74 A.D.2d 725 (1980)

The People of the State of New York ex rel. Robert T. Burke, Appellant, v. Harold J. Smith, as Superintendent of The Attica Correctional Facility, Respondent

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

February 20, 1980

Judgment unanimously affirmed.

Memorandum:

We agree with Special Term that relator was not deprived of a prompt revocation hearing. Since Special Term's decision we have held that both the "reasonable time" requirement of former subdivision 7 of section 212 of the Correction Law and the requirement in section 259-i (subd 3, par [f], cl [i]) of the Executive Law that parole revocation hearings be held within 90 days of the probable cause determination are subject...

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