People ex rel. Soto v. Bd. of Parole

210 A.D.3d 1223

177 N.Y.S.3d 805

The PEOPLE of the State of New York EX REL. Anselmo SOTO Jr., Appellant,

v.BOARD OF PAROLE et al., Respondents.

534124

Supreme Court, Appellate Division, Third Department, New York.

Calendar Date: October 19, 2022

Decided and Entered: November 10, 2022

Anselmo Soto Jr., Utica, appellant pro se.

Letitia James, Attorney General, Albany (Frank Brady of counsel), for respondents.

Before: Egan Jr., J.P., Clark, Pritzker, Reynolds Fitzgerald and Ceresia, JJ.

MEMORANDUM AND ORDER

Pritzker, J. Appeal from a judgment of the Supreme Court (Michael R. Cuevas, J.), entered September 7, 2021 in Franklin County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 70, after a hearing.

In 2020, petitioner, who was on parole release, was arrested for alleged threatening behavior and received an appearance ticket. Petitioner was nevertheless detained in police custody pending the approval of a parole violation warrant. A parole violation warrant was subsequently issued and, following an ensuing parole violation hearing, petitioner was found to have violated his parole and was ordered held until the maximum expiration of his sentence – which decision was affirmed upon administrative appeal. Thereafter, petitioner commenced this CPLR article 70 proceeding, alleging that his temporary detention prior to obtaining a parole violation warrant was illegal, and sought immediate release as well as dismissal of the subsequent parole revocation proceeding. Following a hearing, Supreme Court, among other things, denied the application, finding that, although the temporary warrantless detention of petitioner during the few hours in which a parole violation warrant was obtained was unauthorized, the statutory violation did not warrant immediate release or dismissal of the parole revocation proceeding....