Legal Opinion

Wyche v. New York State Division of Parole

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

Decided October 20, 2009Published

1Opinion of the Court

*542Order, Supreme Court, Bronx County (Nelson S. Roman, J.), entered May 27, 2009, which, in this CPLR article 78 proceeding, granted the application seeking to annul respondent’s determination to revoke petitioner’s parole and directed that petitioner’s parole be reinstated, unanimously affirmed, without costs.

The record shows that at the final parole revocation hearing, petitioner was notified that respondent had procured a witness that would testify against him and that his counsel had failed to procure a witness and documents that he believed would be favorable to his defense. Petitioner…

2Cases cited4 opinions

  1. Morrissey v. BrewerSupreme Court of the United States · 1972
  2. People Ex Rel. Martinez v. New York State Board of ParoleNew York Court of Appeals · 1982
  3. Schwartz v. WardenAppellate Division of the Supreme Court of the State of New York · 1981
  4. People ex rel. Herrera v. SchagerAppellate Division of the Supreme Court of the State of New York · 1983

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