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PEOPLE v. SUPERINTENDENT OF THE NASSAU COUNTY CORRECTIONAL FACILITY

8 A.D.3d 593 (2004)

778 N.Y.S.2d 714

THE PEOPLE OF THE STATE OF NEW YORK ex rel. MOSERY, on Behalf of BENJAMIN EALEY, Appellant, v. SUPERINTENDENT OF THE NASSAU COUNTY CORRECTIONAL FACILITY, Respondent.

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

June 21, 2004.

Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court properly found that the petitioner was lawfully detained at the Nassau County Jail pursuant to a parole violation warrant issued on January 6, 2003, by the New York State Division of Parole (hereinafter the Division). There is no merit to the petitioner's contention that this warrant should not have been issued because it was based on the same crimes as a previous parole violation...

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