Legal Opinion

People ex rel. Rosado v. New York State Parole Board

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

Decided February 9, 1976PublishedCited by 1 opinion

1Opinion of the Court

In a habeas corpus proceeding, petitioner appeals from a judgment of the Supreme Court, Dutchess County, dated June 19, 1975, which dismissed the proceeding. Judgment affirmed, without costs or disbursements. The right to a preliminary hearing as promptly as convenient after arrest, and to a revocation hearing within a reasonable time after the parolee is taken into custody, must be decided on a case by case basis (see Matter of McLucas v Oswald, 40 AD2d 311, app withdrawn 33 NY2d 639; see, also, Morrissey v Brewer, 408 US 471; cf. Barker v Wingo, 407 US 514). The record before us does not…

2Cases cited3 opinions

  1. Morrissey v. BrewerSupreme Court of the United States · 1972
  2. Barker v. WingoSupreme Court of the United States · 1972
  3. McLucas v. OswaldAppellate Division of the Supreme Court of the State of New York · 1973

3Cited by1 opinion

  1. People ex rel. Davis v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 1976

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