Majority
Appeal from a judgment of the Supreme Court (LaBuda, J.), entered June 26, 2012 in Sullivan County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, without a hearing.
Petitioner was sentenced to a term of imprisonment and post-release supervision as the result of a 2008 conviction, and he was released to parole supervision in 2011. He was taken into custody approximately five months later for violating the terms of his parole in various respects—most notably by possessing heroin—and allegedly waived a preliminary revocation hearing. An indictment followed, charging petitioner with one count of criminal possession of a controlled substance in the fourth degree. He then brought this application for a writ of habeas corpus, alleging that he had been impermissibly deprived of a preliminary hearing. Supreme Court dismissed the application without a hearing, and this appeal ensued.
We affirm. Regardless of the merits of petitioner’s claim that he was deprived of a preliminary hearing, an independent basis for his parole revocation exists given his conviction upon the count charged in the indictment (see Executive Law § 259-i [3] [d] [iii]; People ex rel. Strauss v New York State Div. of Parole,
Mercure, J.E, Rose, Garry and Egan Jr., JJ., concur.
Ordered that the judgment is affirmed, without costs.
Cases cited
- People ex rel. Strauss v. New York State Division of Parole 55 AD3d 1198 at 1199 p. 1291
- People ex rel. Brown v. New York State Division of Parole 70 NY2d 391 at 398 p. 1291