PEOPLE (SPANN) v. RODRIGUEZ


130 Misc.2d 1077 (1986)

The People of the State of New York ex rel. John Spann, Petitioner, v. Ramon Rodriguez, as Chairman of the New York State Board of Parole, et al., Respondents.

Supreme Court, Dutchess County.

January 21, 1986


Attorney(s) appearing for the Case

Prisoners' Legal Services of New York for petitioner. Robert Abrams, Attorney-General (J. Gardner Ryan of counsel), for respondents.


JOSEPH JIUDICE, J.

In this writ of habeas corpus proceeding, the petitioner challenges a final parole revocation hearing wherein the hearing officer dismissed 4 of the 5 charges against the petitioner.

The petitioner was found guilty of violating condition No. 9 of his conditions of release in that he possessed a stud gun which was claimed to be capable of causing physical injury.

Petitioner's parole was revoked with a hold on the petitioner...

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