Legal Opinion

Lindsay v. New York State Board of Parole

New York Court of Appeals

Decided December 11, 1979PublishedCited by 17 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with *884costs, the petition granted, and the parole violation charges dismissed.

Petitioner commenced this article 78 proceeding to vacate parole violation charges lodged against him. Although the alleged violations occurred in 1973, no final revocation hearing had been held at the time this proceeding was instituted in 1977. However, a parole eligibility hearing on a new conviction was conducted earlier in 1977, more than four years after the alleged parole violations. The question is whether the eligibility…

2Cases cited2 opinions

  1. People ex rel. Walsh v. VincentNew York Court of Appeals · 1976
  2. People Ex Rel. Schmidt v. La ValleeNew York Court of Appeals · 1976

3Cited by17 opinions

  1. Williams v. CorneliusNew York Court of Appeals · 1990
  2. Soto v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 1985
  3. Newcomb v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 1982
  4. People ex rel. Frisbie v. HammockAppellate Division of the Supreme Court of the State of New York · 1985
  5. Alvarez v. SanchezAppellate Division of the Supreme Court of the State of New York · 1984

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