People ex rel. Martinez v. Walters
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a habeas corpus proceeding, the appeal is from a judgment of the Supreme Court, Westchester County (Nicolai, J.), dated October 28, 1982, which granted petitioner’s application and ordered that he be discharged from custody and restored to parole. Judgment reversed, on the law, without costs or disbursements, and petition dismissed. Clearly, a parolee has a right to counsel at a final parole revocation hearing (Executive Law, § 259-i, subd 3, par [f], cl [v]; People ex rel. Menechino v Warden, 27 NY2d 376, 383), but that right may be waived (People ex rel. McFadden v New York State Bd. of…
2Cases cited20 opinions
- People v. HobsonNew York Court of Appeals · 1976
- People ex rel. Rosenthal v. WolfsonNew York Court of Appeals · 1979
- People ex rel. Menechino v. WardenNew York Court of Appeals · 1971
- MATTER OF FANELLI v. New York City Conciliation & Appeals Bd.New York Court of Appeals · 1983
- Fanelli v. New York City Conciliation & Appeals BoardAppellate Division of the Supreme Court of the State of New York · 1982
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3Cited by22 opinions
- Broida v. BancroftAppellate Division of the Supreme Court of the State of New York · 1984
- People ex rel. Brown v. New York State Division of ParoleNew York Court of Appeals · 1987
- People v. JacksonAppellate Division of the Supreme Court of the State of New York · 1984
- Celestial Food Corp. of Coram, Inc. v. New York State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 1984
- Plaza Realty Investors v. New York City Conciliation & Appeals BoardAppellate Division of the Supreme Court of the State of New York · 1985
17 more not listed; retrieve them via the Exa API.