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PEOPLE (APODACA) v. WARDEN

154 Misc.2d 178 (1992)

The People of the State of New York ex rel. Herman Apodaca, Petitioner, v. Warden, New York City Correctional Institute for Men, et al., Respondents.

Supreme Court, Bronx County.

March 30, 1992

Attorney(s) appearing for the Case

Legal Aid Society (Thomas Klein of counsel), for petitioner. Robert Abrams, Attorney-General (Joseph Wagner of counsel), for respondents.

GERALD SHEINDLIN, J.

The petitioner, by writ of habeas corpus, moves to vacate the parole warrant and to be restored to parole supervision. He claims that the preliminary hearing held on February 3, 1992 was invalid. For the reasons set forth below, the petition is denied.

Petitioner was released to parole supervision on December 20, 1990 with an original maximum expiration date of December 20, 2000...

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