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PEO EX REL NEWLAND v. TRAVIS

185 Misc.2d 881 (2000)

714 N.Y.S.2d 627

THE PEOPLE OF THE STATE OF NEW YORK ex rel. DERRICK NEWLAND, Petitioner, v. BRION D. TRAVIS, as Chairman of New York State Division of Parole, et al., Respondents.

Supreme Court, Bronx County.

May 31, 2000.

Attorney(s) appearing for the Case

Derrick Newland, petitioner pro se.

Eliot Spitzer, Attorney General (Bruno V. Gioffre, Jr., of counsel), for respondents.

OPINION OF THE COURT

DOMINIC R. MASSARO, J.

As a parole violator, Derrick Newland was reincarcerated. This pro se petition for a writ of habeas corpus asserts that regulations not in effect at the time of the commission of the predicate crime for which he was convicted, and thereafter paroled, are being brought to bear against him as additional punishment. He presses that this imposes a constitutionally impermissible penalty violative of the Ex Post...

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