Legal Opinion

Menechino v. Division of Parole

New York Supreme Court

Decided August 27, 1968PublishedCited by 8 opinions

1Opinion of the CourtThomas C. Chimera, J.

In this “ article 78 ” proceeding petitioner, pro se, seeks review of determinations made by the Board of Parole at “ hearings ” held in 1965 and 1967 wherein petitioner was successively remanded to prison as a parole violator and denied parole.

The important question raised is whether petitioner was deprived of constitutional right because of failure to afford him counsel during those “ hearings ” and particularly during the first of them wherein his parole was revoked. He had served 16 years of a sentence of 20 years to life following his plea of guilty of the crime of murder in the second…

2Cases cited7 opinions

  1. In Re GAULTSupreme Court of the United States · 1967
  2. Powell v. AlabamaSupreme Court of the United States · 1932
  3. In Re OliverSupreme Court of the United States · 1948
  4. Mempa v. RhaySupreme Court of the United States · 1967
  5. Sammy Williams v. Walter H. DunbarCourt of Appeals for the Ninth Circuit · 1967

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. People ex rel. Menechino v. WardenNew York Court of Appeals · 1971
  2. Menechino v. Division of ParoleAppellate Division of the Supreme Court of the State of New York · 1969
  3. People ex rel. Johnson v. FolletteNew York Supreme Court · 1968
  4. Menechino v. OswaldDistrict Court, S.D. New York · 1970
  5. Hunter v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 1990

3 more not listed; retrieve them via the Exa API.

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