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PEOPLE EX REL. MACK v. WARDEN

55 A.D.3d 426 (2008)

864 N.Y.S.2d 918

THE PEOPLE OF THE STATE OF NEW YORK ex rel. ALLEN MACK, 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 23, 2008.

Petitioner concedes he was convicted of crimes on the basis of conduct that gave rise to new charge No. 8, for which he was not afforded a preliminary hearing. Since that basis for revocation superseded the issues raised at the revocation hearing, his current procedural challenge is moot (People ex rel. Johnson v Russi, 258 A.D.2d 346 [1999], appeal dismissed and lv denied 93 N.Y.2d 945...

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