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People ex Rel. Lawrence v. Smith

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 12, 1975
50 A.D.2d 1073 (N.Y. App. Div. 1975)

Opinion

December 12, 1975

Appeal from the Wyoming County Court.

Present — Marsh, P.J., Simons, Mahoney, Goldman and Del Vecchio, JJ.


Judgment unanimously affirmed. Memorandum: In this habeas corpus proceeding the record is convincing that the proceedings, culminating in the revocation of relator's parole, comported with all due process requisite under Morrissey v Brewer ( 408 U.S. 471), both in fact and opportunity accorded to relator. Relator's knowledgeable waiver of counsel at the ultimate revocation hearing forecloses any complaint as to his failure to exercise his hearing rights. Nor is there merit to relator's contentions, raised as to the quality and adequacy of the evidence presented, to sustain the administrative finding of the Board of Parole of violation by relator and its determination of revocation.


Summaries of

People ex Rel. Lawrence v. Smith

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 12, 1975
50 A.D.2d 1073 (N.Y. App. Div. 1975)
Case details for

People ex Rel. Lawrence v. Smith

Case Details

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

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

Date published: Dec 12, 1975

Citations

50 A.D.2d 1073 (N.Y. App. Div. 1975)

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