People ex rel. Shippens v. Smith

— Judgment unanimously reversed and petition dismissed. Memorandum: In this habeas corpus proceeding relator alleges that because his parole revocation hearing was not conducted by a neutral and detached person (Morrissey v Brewer, 408 US 471), he is entitled to a new hearing or to be restored to parole status. The hearing was conducted by an associate counsel for the Division of Parole, who had been designated by the chairman of the Parole Board to act as a hearing officer pursuant to section 259-d of the Executive Law. We recently affirmed a judgment wherein the court dismissed a similar…