People ex rel. Johnson v. Warden

OPINION OF THE COURT

Joseph J. Dawson, J.

In Matter of Lopez v Evans (25 NY3d 199 [2015]), the Court of Appeals held “that when a parolee lacks mental competency to stand trial, it is a violation of his or her due process rights to conduct a parole revocation hearing.” (Id. at 202.) Because the basis for the parole revocation in Lopez had been conduct for which he had been found unfit to stand trial, his counsel sought an adjournment to evaluate his mental condition. The application was denied and his parole was revoked. He commenced a CPLR article 78 proceeding, seeking to annul the parole…