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PEOPLE EX REL. McENENY v. NEW YORK STATE DIVISION OF PAROLE

268 A.D.2d 250 (2000)

700 N.Y.S.2d 699

THE PEOPLE OF THE STATE OF NEW YORK ex rel. JOHN McENENY, Appellant, v. NEW YORK STATE DIVISION OF PAROLE, Respondent.

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

Decided January 11, 2000.

The court properly dismissed petitioner's application for a writ of habeas corpus seeking restoration to parole status since the second parole violation warrant issued by respondent "did not amount to a mere rehash of the first proceeding, as it was based on a new circumstance, i.e., his conviction" (People ex rel. Williams v Rodriguez, 108 A.D.2d 1007, 1008, lv denied 65 N.Y.2d 603). We have considered and rejected petitioner...

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