PEO EX REL KENNEDY v. WARDEN

250089-2014

45 Misc.3d 945 (2014)

992 N.Y.S.2d 876

2014 NY Slip Op 24261

THE PEOPLE OF THE STATE OF NEW YORK ex rel. ROBERT KENNEDY, Petitioner, v. WARDEN, VERNON C. BAIN CENTER, et al., Respondents.

Supreme Court, Bronx County.

Decided September 15, 2014.


Attorney(s) appearing for the Case

The Legal Aid Society, New York City ( Elon Harpaz of counsel), for petitioner.

Eric T. Schneiderman , Attorney General, New York City ( Anna Hehenberger of counsel), for respondents.


OPINION OF THE COURT

RICHARD LEE PRICE, J.

Petitioner, by writ of habeas corpus submitted April 9, 2014, moves for an order vacating his parole warrant and releasing him from the custody of New York State Department of Corrections and Community Supervision (DOCCS or respondent) on the basis that he is being illegally detained because DOCCS failed to provide him with a timely preliminary hearing in violation of Executive Law § 259-i (3) (c) (i) and ...

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