Legal Opinion

People ex rel. Menechino v. Warden

New York Court of Appeals

Decided January 13, 1971PublishedCited by 91 opinions

1Opinion of the Court

Chief Judge Fuld.

The relator is serving a lengthy term in prison following the revocation of his earlier release on parole. He had appeared before the Board of Parole at a revocation hearing without an attorney, and upon this appeal we are called upon to decide whether parolees.are constitutionally entitled, under the Federal and State Constitutions, to the assistance of counsel in parole revocation hearings.

The relator was convicted in 1947 in the former Court of General Sessions on his plea of guilty to a charge of murder in the second degree and sentenced to prison for an indeterminate…

2Cases cited25 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Goldberg v. KellySupreme Court of the United States · 1970
  3. Powell v. AlabamaSupreme Court of the United States · 1932
  4. Cafeteria & Restaurant Workers Union, Local 473 v. McElroySupreme Court of the United States · 1961
  5. Speiser v. RandallSupreme Court of the United States · 1958

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3Cited by91 opinions

  1. Morrissey v. BrewerSupreme Court of the United States · 1972
  2. People v. IngleNew York Court of Appeals · 1975
  3. In Re John Ballay, A/K/A Figeret Hoxha, PatientCourt of Appeals for the D.C. Circuit · 1973
  4. United States Ex Rel. John Bey v. Connecticut State Board of ParoleCourt of Appeals for the Second Circuit · 1971
  5. New Jersey State Parole Board v. ByrneSupreme Court of New Jersey · 1983

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