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People ex Rel. Jackson v. Mancusi

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 25, 1971
37 A.D.2d 679 (N.Y. App. Div. 1971)

Opinion

June 25, 1971

Appeal from the Wyoming County Court.

Present — Del Vecchio, J.P., Witmer, Moule, Cardamone and Henry, JJ.


Judgment unanimously reversed, writ reinstated and matter remitted to Wyoming County Court for proceedings in accordance with the following Memorandum: In reliance upon People ex rel. Ochs v. La Vallee ( 33 A.D.2d 80) and similar authority, County Court dismissed without a hearing relator's writ of habeas corpus. Since such dismissal, People ex rel. Menechino v. Warden ( 27 N.Y.2d 376) and People ex rel. Maggio v. Casscles ( 28 N.Y.2d 415) have been decided, rendering obsolete the prior law respecting the rights of parolees on revocation hearings. The Maggio decision requires reversal of the judgment herein, reinstatement of the writ of habeas corpus and remission of the application to the Wyoming County Court for hearing to determine whether relator is entitled to a new parole revocation hearing upon application of the standards set forth in the opinion in that case.


Summaries of

People ex Rel. Jackson v. Mancusi

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 25, 1971
37 A.D.2d 679 (N.Y. App. Div. 1971)
Case details for

People ex Rel. Jackson v. Mancusi

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. HERBERT JACKSON, Appellant, v…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jun 25, 1971

Citations

37 A.D.2d 679 (N.Y. App. Div. 1971)

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