(DOWNLOAD) "People State New York Ex Rel. Robert Brown v. New York State Division Parole Et Al." by Court of Appeals of New York ~ eBook PDF Kindle ePub Free
eBook details
- Title: People State New York Ex Rel. Robert Brown v. New York State Division Parole Et Al.
- Author : Court of Appeals of New York
- Release Date : January 17, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
[70 N.Y.2d 391 Page 395] Opinion OF THE COURT Pursuant to statutory mandate, a parolee is entitled to a final parole revocation hearing within 90
days of the determination finding that probable cause exists for the revocation of parole (Executive Law § 259-i [3] [f] [i]).
The statute provides three exceptions to the 90-day rule. If an alleged violator requests and receives a postponement of the
hearing, consents to a postponement initiated by the Parole Board, or "by his actions otherwise precludes the prompt conduct
of such proceedings," failure to hold the hearing within the 90-day period will be excused. These two habeas corpus proceedings
present situations in which the relator or his counsel was unavailable and the issue is whether the failure of the Division
of Parole to hold relators' final revocation hearings within the 90-day period can be excused because they were.
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