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PEOPLE v. DIV. OF PAROLE

117 Misc.2d 687 (1983)

The People of the State of New York ex rel. Arnold Cleveland, Petitioner, v. New York State Division of Parole et al., Respondents.

Supreme Court, Westchester County.

January 26, 1983

Attorney(s) appearing for the Case

Carol Kahn for petitioner. Robert Abrams, Attorney-General, for respondents.

GERARD E. DELANEY, J.

On September 1, 1982, petitioner's parole was revoked following a final hearing on August 23, 1982. (Petitioner waived a preliminary hearing on June 24, 1982.) He attacks the continued detention as illegal on several grounds.

Initially, he claims that the detention is illegal because he was given "disproportionate punishment" compared to a cross complainant, another prisoner, one Eugene Malverty. The two charges alleged for...

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