PEOPLE EX REL. JENKINS v. PISCOTTI


52 A.D.3d 1207 (2008)

860 N.Y.S.2d 358

THE PEOPLE OF THE STATE OF NEW YORK ex rel. TOMMY L. JENKINS, Respondent, v. RICHARD J. PISCOTTI, Sheriff of Wayne County, Appellant.

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

Decided June 6, 2008.


It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs and the petition is dismissed.

Memorandum:

Respondent appeals from a judgment sustaining the writ of habeas corpus and, inter alia, ordering respondent to release petitioner from his custody on the ground that petitioner had not committed a parole violation. The record establishes that in January 2001 petitioner...

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