General

In the Matter of James Miller, Petitioner, v. Raul Russi, as Chair of the Board of Parole, Respondent

225 A.D.2d 368639 N.Y.S.2d 688·New York Supreme Court, Appellate Division·1996·NY

Brief incoming

Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.

Opinion

In the Matter of James Miller, Petitioner, v Raul Russi, as Chair of the Board of Parole, Respondent. [639 NYS2d 688] [MAJORITY] Respondent’s determination that petitioner violated a condition of his parole by resisting arrest is supported by a preponderance of the evidence (Executive Law § 259-i [3] [f] [viii]). Contrary to petitioner’s contention, the police had probable cause to believe that petitioner had committed a crime when they apprehended him, such that the arrest was lawful (People v Hollman, 79 NY2d 181, 185). We have reviewed petitioner’s other claims and find them to be without merit. Concur — Wallach, J. P., Ross, Nardelli, Williams and Mazzarelli, JJ.