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People ex Rel. Sweeney v. Smith

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 6, 1975
50 A.D.2d 722 (N.Y. App. Div. 1975)

Opinion

November 6, 1975

Appeal from the Wyoming County Court.

Present — Marsh, P.J., Moule, Cardamone, Goldman and Witmer, JJ.


Judgment unanimously reversed and a new parole revocation hearing granted. Memorandum: Petitioner appeals from a judgment dismissing a writ of habeas corpus in which he sought to challenge the validity of his parole revocation. Petitioner was charged with a number of parole violations, some of which he admitted and others which he denied. At the parole board hearing, petitioner's parole was revoked and he was remanded to the Attica Correctional Facility. Due process requires that prior to parole revocation a parolee be given a hearing before a "neutral and detached" board (Morrissey v Brewer, 408 U.S. 471). The presence on the board of the former sheriff who originally arrested petitioner and who, it appears without contradiction, was a party to civil litigation instituted by petitioner, effectively destroyed that neutrality so that due process mandates another hearing. We do not pass on the merits of whether the parole violations were sufficient to commit petitioner.


Summaries of

People ex Rel. Sweeney v. Smith

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 6, 1975
50 A.D.2d 722 (N.Y. App. Div. 1975)
Case details for

People ex Rel. Sweeney v. Smith

Case Details

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

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

Date published: Nov 6, 1975

Citations

50 A.D.2d 722 (N.Y. App. Div. 1975)

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Judgment unanimously reversed and a new parole revocation hearing granted. Memorandum: Petitioner's right to…