People ex rel. Gambino v. Warden of City Prison

The relator in this habeas corpus proceeding was convicted of burglary in 1964. He was paroled in February, 1971. On May 3,1972, his parole was revoked and, after a hearing on June 29, 1972, he was declared delinquent. Thereafter he sued out a writ of habeas corpus. The issue on the return of the writ was whether relator was accorded due process on the hearing which declared him delinquent.

Respondent’s first contention is that the hearing was prior to the decision of the United States Supreme Court in Morrissey v. Brewer (408 U. S. 471) and that as the decision is prospective only the…