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PEOPLE EX REL. CLANTON v. SMITH

105 A.D.2d 1123 (1984)

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

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

November 7, 1984

Judgment unanimously affirmed.

Memorandum:

We reject relator's claim that he was not afforded a timely preliminary parole revocation hearing. The hearing was initially scheduled for August 30, 1978 — 12 days after execution of the parole revocation warrant on August 18, 1978, and within the 15-day limit (Executive Law, § 259-i, subd 3, par [c], cl [i]) — but was adjourned on that date and again...

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