PEOPLE (DAVIS) v. PAROLE DIV


149 Misc.2d 741 (1991)

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

Supreme Court, Westchester County.

January 10, 1991


Attorney(s) appearing for the Case

Richard S. Birnbaum for petitioner. Robert Abrams, Attorney-General (Eugene P. O'Brien of counsel), for respondents.


ANTHONY A. SCARPINO, JR., J.

This is a habeas corpus proceeding wherein petitioner contends that there was insufficient evidence to support the probable cause determination made after a preliminary hearing. The petition is granted, and the petitioner is hereby restored to parole pending further action by the New York State Division of Parole.

Petitioner was incarcerated pursuant to a judgment of conviction...

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