Appellate Division of the Supreme Court of New York, 1995

People ex rel. Ward v. Russi

People ex rel. Ward v. Russi
Appellate Division of the Supreme Court of New York · Decided September 29, 1995
219 A.D.2d 862; 632 N.Y.S.2d 45; 1995 N.Y. App. Div. LEXIS 10995
People ex rel. Ward v. Russi

Opinion of the Court

Judgment unanimously affirmed without costs. Memorandum: Upon relator’s conviction for a felony committed while under parole supervision, relator’s parole was revoked by operation of law (see, Executive Law § 259-i [3] [d] [iii]; People ex rel. Harris v Sullivan, 74 NY2d 305, 308; Matter of Thompson v New York State Div. of Parole, 171 AD2d 909). A parole revocation hearing, therefore, was not required (see, People ex rel. Harris v Sullivan, supra, at 308, 310; Matter of Pierre v Rodriguez, 131 AD2d 763, 764). Further, although respondent did not issue the final declaration of delinquency "upon [relator’s] reception at an institution under the jurisdiction of the department of correctional services” (9 NYCRR 8004.3 [h]), habeas corpus relief is not available because the delay in issuing the declaration did not entitle relator to immediate release from custody (see, People ex rel. Douglas v Vincent, 50 NY2d 901, 903; People ex rel. Dell v Walker, 186 AD2d 1043, lv denied 81 NY2d 702; People ex rel. Roman v Higgins, 186 AD2d 1044). (Appeal from Judgment of Supreme Court, Cayuga County, Corning, J.— Habeas Corpus.) Present — Green, J. P., Pine, Wesley, Callahan and Davis, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.