From Casetext: Smarter Legal Research

People ex Rel. Ortiz v. Follette

Appellate Division of the Supreme Court of New York, Second Department
Feb 25, 1970
33 A.D.2d 1054 (N.Y. App. Div. 1970)

Opinion

February 25, 1970


In a habeas corpus proceeding, relator appeals from a judgment of the Supreme Court, Dutchess County, dated January 24, 1969, which dismissed the writ. Judgment affirmed, without costs ( People ex rel. Baker v. Follette, 33 A.D.2d 1052; People ex rel. Smith v. Deegan, 32 A.D.2d 940; People ex rel. Coleman v. Follette, 33 A.D.2d 575; Matter of Menechino v. Division of Parole, New York City, 32 A.D.2d 761). Brennan, Acting P.J., Martuscello and Kleinfeld, JJ., concur; Hopkins and Benjamin, JJ., dissent and vote to reverse the judgment and to remand the matter to the Board of Parole for a new hearing, at which relator should be afforded counsel, with the following memorandum: We dissent for the reasons stated in our dissenting memorandum in People ex rel. Allen v. Follette ( 33 A.D.2d 1051).


Summaries of

People ex Rel. Ortiz v. Follette

Appellate Division of the Supreme Court of New York, Second Department
Feb 25, 1970
33 A.D.2d 1054 (N.Y. App. Div. 1970)
Case details for

People ex Rel. Ortiz v. Follette

Case Details

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

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

Date published: Feb 25, 1970

Citations

33 A.D.2d 1054 (N.Y. App. Div. 1970)