People ex rel. Smith v. Deegan

In a habeas corpus proceeding, the appeal is from a judgment of the Supreme Court, Westchester County, entered October 11, 1968, which dismissed the writ *941Judgment affirmed, without costs. In our opinion, section 218 of the Correction Law is not unconstitutional insofar as it denies a parolee the right of counsel at a hearing for revocation of his parole. The Federal courts have consistently held that parole is a matter of grace and that such a hearing does not involve constitutional due process, neither the assistance of counsel nor even a hearing being constitutionally mandated (see, e.g.,…