Legal Opinion

People ex rel. Van Burkett v. Montanye

New York County Courts

Decided July 6, 1972PublishedCited by 8 opinions

1Opinion of the CourtJulian R. Hanley, J.

Petitioner had a parole revocation hearing before the Parole Board on January 11, 1972 and was held for an additional 15 months’ imprisonment. No reasons were given for the decision.

At the hearing, the board simply presented petitioner with a list of charges alleging violations of his parole conditions and, in effect, asked him to explain the charges against him. The prisoner denied the charges and, through his counsel, asked the board to present the evidence against him. Counsel cited to the board the various cases and legal authorities requiring the board to present evidence.

In spite of…

2Cases cited1 opinion

  1. Morrissey v. BrewerSupreme Court of the United States · 1972

3Cited by8 opinions

  1. People ex rel. Gaskin v. SmithAppellate Division of the Supreme Court of the State of New York · 1977
  2. People ex rel. Angell v. LynchNew York Supreme Court · 1972
  3. Tinsley v. New York State Board of ParoleNew York Supreme Court · 1973
  4. People ex rel. Marino v. CassclesAppellate Division of the Supreme Court of the State of New York · 1973
  5. Thompson v. McEvoy, New York County Courts1972

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