PEOPLE EX REL. JOHNSON v. O'FLYNN

621 KAH 15-00451.

141 A.D.3d 1107 (2016)

35 N.Y.S.3d 613

THE PEOPLE OF THE STATE OF NEW YORK ex rel. PHILLIP JOHNSON, Appellant, v. PATRICK M. O'FLYNN, Sheriff of Monroe County, Respondent, and NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION et al., Respondents.

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

Decided July 1, 2016.


It is hereby ordered that said appeal insofar as it concerns the finding of probable cause at the preliminary revocation hearing is unanimously dismissed and the judgment is affirmed without costs.

Memorandum: Petitioner appeals from an order dismissing his petition for a writ of habeas corpus. Although the order was subsumed in a subsequent judgment from which no appeal was taken, we exercise our discretion to treat the notice of appeal as valid and deem the appeal...

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