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PEOPLE EX REL. CAMPOLITO v. BENNETT

296 A.D.2d 835 (2002)

744 N.Y.S.2d 752

THE PEOPLE OF STATE OF NEW YORK ex rel. ANTHONY M. CAMPOLITO, Appellant, v. FLOYD G. BENNETT, JR., as Superintendent of Elmira Correctional Facility, Respondent.

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

Decided July 3, 2002.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Petitioner appeals from a judgment denying his petition for a writ of habeas corpus. Supreme Court properly denied the petition on the merits. Petitioner's contention with respect to the propriety of the preliminary parole revocation hearing was "subsumed by revocation of petitioner's

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