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PEOPLE EX REL. ALLEN v. WARDEN, GMDC, NEW YORK STATE DIVISION OF PAROLE

61 A.D.3d 541 (2009)

878 N.Y.S.2d 19

THE PEOPLE OF THE STATE OF NEW YORK ex rel. WILLIAM ALLEN, Appellant, v. WARDEN, GMDC, NEW YORK STATE DIVISION OF PAROLE, et al., Respondents.

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

Decided April 21, 2009.

After the order denying the petition was entered, the charges against petitioner were sustained following a final revocation hearing. This appeal is not moot only if the alleged defect with respect to the issuance of the warrant can be likened to a jurisdictional defect in an accusatory instrument filed in a criminal action (see People v Alejandro, 70 N.Y.2d 133 [1987]). Here, however, at most the issuance of the warrant was inconsistent...

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