PEOPLE EX REL. GAITO v. COUTURE


269 A.D.2d 709 (2000)

704 N.Y.S.2d 894

THE PEOPLE OF THE STATE OF NEW YORK ex rel. JOSEPH GAITO, Appellant, v. EARL COUTURE, as Superintendent of Gouverneur Correctional Facility, et al., Respondents.

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

Decided February 24, 2000.


Petitioner was sentenced to serve an indeterminate term of imprisonment of 5 to 15 years for various felony convictions and was subsequently released to parole supervision. Petitioner was thereafter charged with parole violations and, following a February 1998 final parole revocation hearing, his parole was revoked. Although petitioner requested an administrative appeal in April 1998, in the interim he brought this application in January 1999 seeking a writ of habeas corpus...

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