Davis v. Regan

This article 78 proceeding is brought to review the determination of the New York State Board of Parole.

The petitioner, while on parole, was arrested on March 3, 1974 and charged with assault in the second degree upon his *106wife. The charges were ultimately dropped by the prosecution due to her failure, as the complaining witness, to appear at the preliminary hearing. Petitioner was, however, charged with violation of his parole, and respondents did find, in fact, that the petitioner had violated the conditions of his parole at the revocation hearing.

The petitioner contends that failure to…