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PEOPLE EX REL. CORTEZ v. TRAVIS

275 A.D.2d 1021 (2000)

714 N.Y.S.2d 915

THE PEOPLE OF THE STATE OF NEW YORK ex rel. NELSON CORTEZ, Appellant, v. BRION D. TRAVIS, as Chairman of the New York State Division of Parole, Respondent.

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

Decided September 29, 2000.

Judgment unanimously affirmed without costs.

Memorandum:

Supreme Court properly dismissed the petition for a writ of habeas corpus, brought on the ground that petitioner was not afforded a final parole revocation hearing within 90 days of his waiver of a preliminary hearing. Supreme Court, Bronx County, had properly determined in a prior habeas corpus proceeding that the revocation was timely because petitioner's

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