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


12 A.D.3d 963 (2004)

784 N.Y.S.2d 912

THE PEOPLE OF THE STATE OF NEW YORK ex rel. CHARLES C. DAVID JR., Appellant, v. NEW YORK STATE DIVISION OF PAROLE, Respondent.

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

November 24, 2004.


Petitioner was released on parole but was subsequently charged with violating the terms of such parole. Following a preliminary hearing, the Hearing Officer found that probable cause existed to believe that petitioner violated the terms of his probation based upon the positive urinalysis test results indicating petitioner's use of cocaine and marihuana, the violation of release report and testimony from his parole officer. County Court thereafter denied petitioner's subsequent...

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