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THE PEOPLE OF THE STATE OF NEW YORK ex rel. NATHANIEL STEWART, Respondent, v. JOE FOREMAN, as Superintendent of the Erie County Holding Center, et al., Appellants.

Judgment unanimously reversed, on the law, and writ of habeas corpus dismissed. Memorandum: There is no merit to relator's claim that he was deprived of the right to counsel at his preliminary parole revocation hearing (People ex rel. Clanton v Smith, 105 A.D.2d 1123, lv denied 64 N.Y.2d 606; see also, Executive Law § 259-i [c] [iii], [v]; 9 NYCRR 8005.5 [b]; People ex rel. Calloway v Skinner, 33 N.Y.2d 23, 31). Relator's remaining claim, that he was not given timely notice of the parole violation charges against him (see, Executive Law § 259-i [c] [iii]), is not supported by the record.

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PEOPLE EX REL. STEWART v. FOREMAN
(Sep 26, 1986)