PEOPLE EX REL. ALLISON v. LeFEVRE


126 A.D.2d 928 (1987)

The People of the State of New York ex rel. Renia Allison, Appellant, v. Eugene LeFevre, as Superintendent of Clinton Correctional Facility, Respondent

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

January 29, 1987


Harvey, J.

On this appeal from the sua sponte denial of a habeas corpus petition, respondent candidly admits that there must be a reversal. In his petition, petitioner contended, inter alia, that his final parole revocation hearing did not occur within 90 days of the probable cause determination following his preliminary hearing as required by Executive Law § 259-i (3) (f) (i). Supreme Court's denial of the petition was upon the ground...

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