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PEO (JONES) v. DIV. OF PAROLE

168 Misc.2d 937 (1996)

646 N.Y.S.2d 611

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

Supreme Court, Bronx County.

June 28, 1996

Attorney(s) appearing for the Case

Leighton M. Jackson for Tarva Jones, petitioner. Dennis C. Vacco, Attorney-General (Alan Berkowitz of counsel), for New York State Division of Parole, respondent.

JOSEPH FISCH, J.

While on parole, petitioner parolee was arrested for an alleged sale of drugs, resulting in the revocation of his parole. The matter was then presented to a Grand Jury which returned a no true bill. He thereupon brought a writ of habeas corpus for his release contending that the Grand Jury's refusal to indict him for said alleged drug sale, the basis of the parole violation, collaterally estopped...

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