Hyperlawhypertext legal database Piersma v. Henderson 44 N.Y. 982

← Cases

Piersma v. Henderson

44 N.Y. 982 Court N.Y. Decision date 1978-07-06 English

Contents

Majority

p. 982
In the Matter of Joanne H. Piersma, on Behalf of Kenneth Majors, Respondent, v Robert J. Henderson, as Superintendent of the Auburn Correctional Facility, Appellant. In the Matter of Robert Smith, Respondent, v Chairman of New York State Board of Parole et al., Appellants.
Argued June 8, 1978;
decided July 6, 1978
p. 984
APPEARANCES OF COUNSEL
Louis J. Lefkowitz, Attorney-General (Frederick R. Walsh and Jean M. Coon of counsel), for appellants.
Amanda Potterñeld and Daniel J. Steinhock for respondents.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, without costs, in each case.

The parole detainer warrants were properly dismissed. (People ex rel. Walsh v Vincent, 40 NY2d 1049 ; Matter of Beattie v New York State Bd. of Parole, 39 NY2d 445 .) It is of no significance for present purposes that the parolees in these cases were being held on new commitments rather than only on new arrest charges.

Chief Judge Breitel and Judges Gabrielli, Jones, Wachtler and Fuchsberg concur in memorandum; Judges Jasen and Cooke concur on constraint of People ex rel. Walsh v Vincent ( 40 NY2d 1049 ).

In each case: Order affirmed.

Cases cited