People ex rel. Ellington v. Zelker

In a habeas corpus proceeding to contest the revocation of relator’s parole, relator appeals from a judgment of the Supreme Court, Dutchess County, dated August 23, 1971, which dismissed the writ. Judgment affirmed, without costs. Relator is correct when he argues that he was entitled to counsel at his parole revocation hearing on March 24, 1971, since the hearing occurred after January 13, 1971, the date of the decision in People ex rel. Menechino v. Warden (27 N Y 2d 376). No issue of retroactivity is here involved (cf. People ex rel. Maggio v. Casscles, 28 N Y 2d 415). However, the relator…