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Matter of Thompson v. N.Y. St. Div. of Parole

Appellate Division of the Supreme Court of New York, Third Department
Mar 7, 1991
171 A.D.2d 909 (N.Y. App. Div. 1991)

Opinion

March 7, 1991

Appeal from the Supreme Court, Albany County (Cheeseman, J.).


Upon petitioner's conviction for a subsequent crime, his parole was revoked by operation of law (see, Executive Law § 259-i [d] [iii]; Matter of Froats v Rodriguez, 157 A.D.2d 981, lv denied 75 N.Y.2d 710). He now claims that the revocation was improper because he was not "notified in writing that his release [was] revoked", as required by Executive Law § 259-i (3) (d) (iii). However, the record shows that petitioner did in fact receive sufficient written notice of the revocation and any lack of "official" notification in no way prejudiced him (see, People ex rel. Knowles v Smith, 54 N.Y.2d 259, 265; Matter of Cotto v LeFevre, 149 A.D.2d 838). Petitioner's remaining contentions have been considered and found to be without merit.

Judgment affirmed, without costs. Mahoney, P.J., Casey, Weiss, Levine and Harvey, JJ., concur.


Summaries of

Matter of Thompson v. N.Y. St. Div. of Parole

Appellate Division of the Supreme Court of New York, Third Department
Mar 7, 1991
171 A.D.2d 909 (N.Y. App. Div. 1991)
Case details for

Matter of Thompson v. N.Y. St. Div. of Parole

Case Details

Full title:In the Matter of WILLIAM THOMPSON, Appellant, v. NEW YORK STATE DIVISION…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Mar 7, 1991

Citations

171 A.D.2d 909 (N.Y. App. Div. 1991)
567 N.Y.S.2d 191

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