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PEOPLE EX REL. DAVIS v. WARDEN, RIKERS ISLAND CORRECTIONAL FACILITY

13 A.D.3d 161 (2004)

785 N.Y.S.2d 906

THE PEOPLE OF THE STATE OF NEW YORK ex. rel. TERRENCE DAVIS, Appellant, v. WARDEN, RIKERS ISLAND CORRECTIONAL FACILITY, et al., Respondents.

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

December 14, 2004.

Petitioner was mistakenly released on bail after he violated his parole, a warrant had been issued for his arrest and he had been served by respondent Division of Parole with parole violation papers. A copy of the outstanding warrant and an identical set of parole revocation papers were subsequently served upon him, and he was returned to custody. While petitioner did not receive a preliminary parole revocation hearing, he waived...

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