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PEOPLE EX REL. SCHERZ v. DENNISON

209 A.D.2d 200 (1994)

618 N.Y.S.2d 289

The People of the State of New York ex rel. Michael D. Scherz, on Behalf of Heriberto Alamo, Appellant, v. Joseph Dennison, as Director of Bronx Residential Center, Respondent

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

November 3, 1994

We review this appeal despite the fact that petitioner has already been released from detention because it raises important issues "`capable of repetition, yet evading review'" (Schall v Martin, 467 U.S. 253, 280). Initially, we note that 9 NYCRR part 169 does not preclude a releasee from presenting mitigating circumstances at a fact-finding hearing and that petitioner herein offered no such...

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