People ex rel. Sweeney v. Smith

— Judgment unanimously reversed and a new parole revocation hearing granted. Memorandum: Petitioner appeals from a judgment dismissing a writ of habeas corpus in which he sought to challenge the validity of his parole revocation. Petitioner was charged with a number of parole violations, some of which he admitted and others which he denied. At the parole board hearing, petitioner’s parole was revoked and he was remanded to the Attica Correctional Facility. Due process requires that prior to parole revocation a parolee be given a hearing before a "neutral and detached” board (Morrissey v…