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PEOPLE EX REL. HORRACH v. WARDEN, OTIS BANTUM CORRECTIONAL CENTER

52 A.D.3d 254 (2008)

859 N.Y.S.2d 427

THE PEOPLE OF THE STATE OF NEW YORK ex rel. VICTOR HORRACH, Appellant, v. WARDEN, OTIS BANTUM CORRECTIONAL CENTER, et al., Respondents.

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

Decided June 5, 2008.

Petitioner was arrested and charged with a parole violation when drugs were found in the locker that was assigned to him at a homeless shelter. A preliminary parole revocation hearing, at which petitioner did not raise any objection to the search of the locker, resulted in a finding of probable cause to believe that petitioner had violated the conditions of his parole by possessing a controlled substance. Petitioner then filed the...

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