PEOPLE EX REL. CLINTON v. WARDEN, RIKERS ISLAND CORRECTIONAL FACILITY


55 A.D.3d 402 (2008)

864 N.Y.S.2d 913

THE PEOPLE OF THE STATE OF NEW YORK ex rel. DARRELL CLINTON, Appellant, v. WARDEN, RIKERS ISLAND CORRECTIONAL FACILITY, et al., Respondents.

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

October 21, 2008.


On December 13, 2005, respondent Division of Parole requested an adjournment of petitioner's final parole revocation hearing. When the court proposed adjourning the hearing to January 9, 2006, petitioner's counsel informed the court he would be away that week, and did not object when the court stated that the next available date was January 30 and that the 21-day period from January 9 to January 30 would be charged to petitioner. Accordingly, petitioner's claim that the 21...

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