Justice Nicholas Iacovetta
Bailey moved for vacatur of a parole warrant and restoration to parole supervision arguing he was subjected to a warrantless arrest in violation of the Executive Law. He was convicted of attempted criminal sale of a controlled substance, and upon release was later arrested and charged with criminal mischief and aggravated harassment. Bailey appeared at his parole officer’s office and admitted using marijuana after his urine tested positive. He was held in the office pending issuance and execution of a parole warrant lodged later the same day. The court noted Bailey was not jailed, but charged with violating conditions of his parole and temporarily held by a parole officer pending the parole board’s determination if they were going to issue a warrant to send Bailey back to jail for conduct violating the terms of his parole. Also, as a warrant for Bailey’s retaking was obtained after, and the parole violation forming the basis for his retaking was later sustained, Executive Law violation regarding the timing of the warrant had no effect on its validity. Thus, any statutory violation did not warrant dismissal of the initial parole revocation charges, and the motion was denied.
