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PEOPLE EX REL. FRAZIER v. RODRIGUEZ

119 A.D.2d 781 (1986)

The People of the State of New York, ex rel. Arthur Frazier, Appellant, v. Ramon Rodriguez, Respondent

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

April 21, 1986

Judgment affirmed, without costs or disbursements.

The remedy of habeas corpus is not available in the instant case, as the petitioner is not entitled to immediate release, having been incarcerated on new charges for crimes committed while on parole (see, e.g., People ex rel. Mendolia v Superintendent, 47 N.Y.2d 779). In any event, it is clear that the decision to revoke the petitioner's parole was supported by a preponderance...

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