Legal Opinion

People ex rel. Cortez v. Wilmot

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

Decided March 23, 1978Published

1Opinion of the Court

Appeal from a judgment of the Supreme Court at Special Term, entered April 22,1977 in Chemung County, which dismissed a writ of habeas corpus after a hearing. The issue is whether the New York State Board of Parole may add delinquent reformatory time to a subsequent maximum expiration date imposed for a crime committed while on parole. The Court of Appeals in Matter of Balmer v New York State Bd. of Parole (42 NY2d 939) found that such an addition of reformatory time would violate a convict’s right to due process. We reached a similar result in Matter of Dixon v Chairman, N. Y. State Bd. of…

2Cases cited2 opinions

  1. Balmer v. New York State Board of ParoleNew York Court of Appeals · 1977
  2. Dixon v. Chairman of New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 1977

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