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People ex Rel. Rosado v. N.Y. St. Parole Board

Appellate Division of the Supreme Court of New York, Second Department
Feb 9, 1976
51 A.D.2d 753 (N.Y. App. Div. 1976)

Opinion

February 9, 1976


In a habeas corpus proceeding, petitioner appeals from a judgment of the Supreme Court, Dutchess County, dated June 19, 1975, which dismissed the proceeding. Judgment affirmed, without costs or disbursements. The right to a preliminary hearing as promptly as convenient after arrest, and to a revocation hearing within a reasonable time after the parolee is taken into custody, must be decided on a case by case basis (see Matter of McLucas v Oswald, 40 A.D.2d 311, app withdrawn 33 N.Y.2d 639; see, also, Morrissey v Brewer, 408 U.S. 471; cf. Barker v Wingo, 407 U.S. 514). The record before us does not reveal any prejudice to petitioner as a result of the time lapse between his apprehension and the final hearing. Hopkins, Acting P.J., Martuscello, Latham, Rabin and Titone, JJ., concur.


Summaries of

People ex Rel. Rosado v. N.Y. St. Parole Board

Appellate Division of the Supreme Court of New York, Second Department
Feb 9, 1976
51 A.D.2d 753 (N.Y. App. Div. 1976)
Case details for

People ex Rel. Rosado v. N.Y. St. Parole Board

Case Details

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

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

Date published: Feb 9, 1976

Citations

51 A.D.2d 753 (N.Y. App. Div. 1976)

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