People ex rel. Walker v. New York State Board of Parole
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Titone, J. P.
At issue on this appeal is the proper allocation of the fact-finding function in parole revocation proceedings. More specifically, we are called upon to determine whether a parolee, who has been declared delinquent, is entitled to a judicial evidentiary hearing in which to litigate the merits of his claim that he had not been served with statutorily required notices before an otherwise timely scheduled administrative revocation hearing is conducted. We hold that when, as here, proper service is established, prima facie, by a parole officer’s affidavit,…
2Cases cited41 opinions
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Sibron v. New YorkSupreme Court of the United States · 1968
- 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
- People ex rel. Rosenthal v. WolfsonNew York Court of Appeals · 1979
- People v. BerriosNew York Court of Appeals · 1971
36 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- People ex rel. Robertson v. New York State DivisionNew York Court of Appeals · 1986
- Soto v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 1985
- Trimaldi v. Superintendent of Washington Correctional FacilityAppellate Division of the Supreme Court of the State of New York · 1991
- People ex rel. Medina v. Superintendent, Queensborough Correctional FacilityAppellate Division of the Supreme Court of the State of New York · 1984
- People ex rel. Diamond v. FloodAppellate Division of the Supreme Court of the State of New York · 1984
9 more not listed; retrieve them via the Exa API.