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PEOPLE EX REL. NIEVES v. WARDEN OF RIKERS ISLAND CORRECTIONAL FACILITY

27 A.D.3d 401 (2006)

811 N.Y.S.2d 564

THE PEOPLE OF THE STATE OF NEW YORK ex rel. ROBERT NIEVES, Appellant, v. WARDEN OF RIKERS ISLAND CORRECTIONAL FACILITY, Respondent, and NEW YORK STATE DIVISION OF PAROLE, Respondent.

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

March 30, 2006.

We need not and do not decide whether petitioner would be entitled to annulment of the parole revocation on the ground that the same officer issued the parole warrant for his arrest and furnished the report upon which it was based (see 9 NYCRR 8004.2 [a]; see also People ex rel. Cooper v Brunelle, 229 A.D.2d 1007 [1996], lv denied 88 N.Y.2d 814 [1996]). Here, respondent Division of Parole submitted ample evidence that...

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