Legal Opinion

People ex rel. Piccarillo v. New York State Board of Parole

New York Court of Appeals

Decided October 18, 1979PublishedCited by 56 opinions

1Opinion of the Court

OPINION OF THE COURT

Jasen, J.

Presented for our determination on this appeal is the question whether the exclusionary rule proscribes the use of evidence at a parole revocation hearing when such evidence is determined by a court to be the fruit of an illegal search and seizure.

The facts are not in dispute and, for purposes related to this appeal, may be simply stated. On January 12, 1977, petitioner Piccarillo, who was serving three concurrent sentences for attempted robbery, was released on parole. Thereafter, in the early morning hours of May 22, 1977, petitioner, while proceeding south on…

2Cases cited13 opinions

  1. Morrissey v. BrewerSupreme Court of the United States · 1972
  2. Gagnon v. ScarpelliSupreme Court of the United States · 1973
  3. People v. HuntleyNew York Court of Appeals · 1977
  4. People v. McGrathNew York Court of Appeals · 1978
  5. People ex rel. Menechino v. WardenNew York Court of Appeals · 1971

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3Cited by56 opinions

  1. MATTER OF JUAN C. v. CortinesNew York Court of Appeals · 1997
  2. Patchogue-Medford Congress of Teachers v. Board of EducationNew York Court of Appeals · 1987
  3. People v. BrooksAppellate Division of the Supreme Court of the State of New York · 2003
  4. People ex rel. Matthews v. New York State Division of ParoleNew York Court of Appeals · 1983
  5. In re WestchesterAppellate Division of the Supreme Court of the State of New York · 1985

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