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PEO (DAY) v. NYS DEPT OF CORR

250326-2012.

38 Misc.3d 627 (2012)

954 N.Y.S.2d 750

2012 NY Slip Op 22353

THE PEOPLE OF THE STATE OF NEW YORK ex rel. PATRICK DAY, Petitioner, v. NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION et al., Respondents.

Supreme Court, Bronx County.

November 30, 2012.

Attorney(s) appearing for the Case

Legal Aid Society ( Kerry Elgarten of counsel) for petitioner. Eric T. Schneiderman , Attorney General ( James Cooney of counsel), for respondent.

OPINION OF THE COURT

RICHARD LEE PRICE, J.

Petitioner moves by writ of habeas corpus for an order vacating his parole warrant and releasing him from the custody of Department of Corrections and Community Supervision (DOCCS). By petition submitted April 25, 2012, petitioner asserts that he is being illegally detained because DOCCS deprived him of his right to be present at the preliminary hearing in violation of Executive Law § 259-i (3) (c) (i) and...

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