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

14 Misc.3d 874 (2007)

831 N.Y.S.2d 869

THE PEOPLE OF THE STATE OF NEW YORK ex rel. MALIK HOWARD, Petitioner, v. WARDEN OF RIKERS ISLAND CORRECTIONAL FACILITY et al., Respondents.

Supreme Court, Bronx County.

January 3, 2007.

Attorney(s) appearing for the Case

Eric M. Sokol, Floral Park, for petitioner.

Andrew M. Cuomo, Attorney General, New York City (Sunita Kini-Tandon of counsel), for respondents.

OPINION OF THE COURT

THOMAS FARBER, J.

Petitioner, by his attorney, has filed a writ of habeas corpus seeking vacatur of a parole warrant and release to parole supervision. Petitioner alleges that his right to due process and fundamental fairness was denied when the Division of Parole, having failed to establish probable cause at a preliminary hearing, filed a second parole warrant containing a "new" charge...

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