Legal Opinion

Mehan v. New York State Board of Parole

Appellate Division of the Supreme Court of the State of New York

Decided September 27, 1988PublishedCited by 1 opinion

1Opinion of the Court

Judgment unanimously affirmed. Memorandum: Special Term properly denied petitioner’s application to annul respondent’s determination to revoke petitioner’s parole status. Petitioner claims that his written statement, which was admitted in evidence against him at the parole revocation hearing, was obtained in violation of his right to counsel. That claim was raised and rejected on the appeal from his criminal conviction (see, People v Mehan, 112 AD2d 482, lv denied 66 NY2d 1041), and thus he is precluded from relitigating that issue in this proceeding (see, People ex rel. Dowdy v Smith, 48…

2Cases cited5 opinions

  1. People ex rel. Gonzales v. DalsheimNew York Court of Appeals · 1980
  2. People ex rel. Dowdy v. SmithNew York Court of Appeals · 1979
  3. People v. MehanAppellate Division of the Supreme Court of the State of New York · 1985
  4. People ex rel. Brown v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 1988
  5. People ex rel. Matthews v. New York State DivisionAppellate Division of the Supreme Court of the State of New York · 1986

3Cited by1 opinion

  1. People ex rel. Smith v. TromblyAppellate Division of the Supreme Court of the State of New York · 1990

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