PEOPLE EX REL. (BURT) v. WARDEN


18 Misc.3d 869 (2008)

854 N.Y.S.2d 861

THE PEOPLE OF THE STATE OF NEW YORK ex rel. DERRICK BURT, Petitioner, v. WARDEN, ANNA M. KROSS CENTER, et al., Respondents.

Supreme Court, Bronx County.

January 3, 2008.


Attorney(s) appearing for the Case

Legal Aid Society (Melissa Kaplan and Kerry Elgarten of counsel), for petitioner.

Andrew M. Cuomo, Attorney General (Andrew Meier of counsel), for New York State Division of Parole, respondent.


OPINION OF THE COURT

RICHARD LEE PRICE, J.

Petitioner moves by writ of habeas corpus for an order vacating a parole violation warrant and reinstating him to parole supervision, based upon his claim that the Division of Parole failed to use due diligence in issuing and executing the warrant.

The relevant facts are as follows. On March 5, 2001, petitioner was convicted of criminal sale of a controlled substance in the fifth degree in Queens County...

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