People ex rel. Richman v. Warden, Bronx House of Detention

OPINION OF THE COURT

Burton G. Hecht, J.

Upon the foregoing papers this writ of habeas corpus is hereby granted and the relator is to be restored to parole supervision. The court determines that relator was denied his right to attend his preliminary parole revocation hearing and any purported waiver of that right was legally ineffective. Thus relator was not afforded a preliminary hearing within 15 days of the execution of a parole warrant. (See Executive Law, § 259-i, subd 3, par [c], cl [i].)

Briefly, the pertinent background facts are as follows. The relator was served with a notice of parole…