People ex rel. Jefferson v. Kelly

• Decision Date: 26 December 1991
• Citation: 178 A.D.2d 973,578 N.Y.S.2d 732
• Parties: PEOPLE of the State of New York ex rel. Tyrone JEFFERSON, Appellant, v. Walter R. KELLY, Superintendent, Attica Correctional Facility, et al., Respondents.
• Court: New York Supreme Court — Appellate Division

Page 732

578 N.Y.S.2d 732

178 A.D.2d 973

PEOPLE of the State of New York ex rel. Tyrone JEFFERSON, Appellant, v. Walter R. KELLY, Superintendent, Attica Correctional Facility, et al., Respondents.

Supreme Court, Appellate Division, Fourth Department.

Dec. 26, 1991.

Norman P. Effman by Edward Chassin, Attica, for appellant.

Robert Abrams by Shirley Troutman, Peter Sullivan, Buffalo, for respondent.

Before CALLAHAN, J.P., and BOOMER, GREEN, PINE and BALIO, JJ.

MEMORANDUM:

There is no merit to petitioner's contention that he did not receive timely written notice of the Parole Board's decision revoking his parole. A New York State Parole Violator System Status Inquiry computer printout, attached to respondents' appellate brief, indicates that petitioner and his counsel were sent such notice on February 1, 1990, less than two weeks after the decision was rendered. This satisfies the statutory requirement that notice be made available "as soon as practicable" (see, Executive Law § 259-i[3][f][xi]; 9 NYCRR 8005.20[f]; People ex rel. Knowles v. Smith, 54 N.Y.2d 259, 445 N.Y.S.2d 103, 429 N.E.2d 781). This incontrovertible documentary evidence may be considered for the first time on appeal to sustain the judgment (see, Crawford v. Merrill Lynch, Pierce, Fenner & Smith, 35 N.Y.2d 291, 298-299, 361 N.Y.S.2d 140, 319 N.E.2d 408; Brandes Meat Corp. v. Cromer, 146 A.D.2d 666, 667, 537 N.Y.S.2d 177). Accordingly, petitioner's motion to strike that evidence from respondents' brief is denied.

Judgment unanimously affirmed and motion denied.