Legal Opinion

People ex rel. Perez v. Warden

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

Decided April 28, 1988PublishedCited by 1 opinion

1Opinion of the Court

— Judgment, Supreme Court, Bronx County (John Byrne, J.), entered June 9, 1987, dismissing the petition for a writ of habeas corpus, unanimously reversed, on the law and facts and in the exercise of discretion, without costs or disbursements, petition granted, and the matter remanded for a final parole revocation hearing.

It is well settled that a parolee has the right to be represented by counsel at a final parole revocation hearing. (Executive Law § 259-i [3] [f] [v]; People ex rel. Menechino v Warden, 27 NY2d 376.) Although this right may be waived (People ex rel. Martinez v Walters, 99…

2Cases cited5 opinions

  1. People v. McIntyreNew York Court of Appeals · 1974
  2. People v. SawyerNew York Court of Appeals · 1982
  3. People ex rel. Menechino v. WardenNew York Court of Appeals · 1971
  4. People v. KaltenbachNew York Court of Appeals · 1983
  5. People ex rel. Martinez v. WaltersAppellate Division of the Supreme Court of the State of New York · 1984

3Cited by1 opinion

  1. People ex rel. Mack v. Warden of Anna M. Kross CenterAppellate Division of the Supreme Court of the State of New York · 1990

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