People ex rel. Wagner v. Travis
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal unanimously dismissed without costs. Memorandum: The contention of relator that he was denied his right to counsel at the preliminary parole revocation hearing was rendered moot by the determination revoking his parole following the final parole revocation hearing (see, People ex rel. *850McCummings v De Angelo, 259 AD2d 794, 794-795, lv denied 93 NY2d 810; People ex rel. Chavis v McCoy, 236 AD2d 892). In any event, although parolees may have counsel present at the preliminary hearing, there is no statutory right to counsel at that stage of parole revocation proceedings, “and there is…
2Cases cited5 opinions
- People ex rel. Calloway v. SkinnerNew York Court of Appeals · 1973
- People ex rel. McCummings v. DeAngeloAppellate Division of the Supreme Court of the State of New York · 1999
- People ex rel. Chavis v. McCoyAppellate Division of the Supreme Court of the State of New York · 1997
- People ex rel. Clanton v. SmithAppellate Division of the Supreme Court of the State of New York · 1984
- People ex rel. Stewart v. ForemanAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by5 opinions
- People ex rel. McIver v. MurrayAppellate Division of the Supreme Court of the State of New York · 2000
- Matter of Sellers v. StanfordAppellate Division of the Supreme Court of the State of New York · 2016
- People ex rel. Caswell v. New York State Division of ParoleAppellate Division of the Supreme Court of the State of New York · 2000
- People ex rel. Freeman v. McCoyAppellate Division of the Supreme Court of the State of New York · 2000
- Bolden v. DennisonAppellate Division of the Supreme Court of the State of New York · 2006