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MATTER OF BAGBY v. NEW YORK STATE DIV. OF PAROLE

211 A.D.2d 715 (1995)

621 N.Y.S.2d 651

In the Matter of Vernon Bagby, Respondent, v. New York State Division of Parole et al., Appellants

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

January 23, 1995

Ordered that the judgment is affirmed insofar as appealed from, with costs.

On April 27, 1992, the appellants filed a parole warrant (No. 164809) against the petitioner, who was under parole supervision, based upon his arrest for assaulting his niece. That warrant was dismissed on the ground of no probable cause, after a preliminary parole revocation hearing. On July 22, 1992, the petitioner was convicted of the assault and sentenced to one year in jail. On October...

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