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Miller v. RussiMiller v. Russi

Appellate Division of the Supreme Court of the State of New York
Mar 12, 1996
Versions:225 A.D.2d 368
639 N.Y.S.2d 688
639 N.Y.2d 688
1996 N.Y. App. Div. LEXIS 2211

*369Respondent’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.

Case Details

Case Name: Miller v. Russi
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Mar 12, 1996
Citations: 225 A.D.2d 368; 639 N.Y.S.2d 688; 639 N.Y.2d 688; 1996 N.Y. App. Div. LEXIS 2211
Court Abbreviation: N.Y. App. Div.
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