Opinion
May 27, 1981
Appeal from the Wyoming Supreme Court.
Present — Dillon, P.J., Cardamone, Simons, Denman and Schnepp, JJ.
Judgment unanimously reversed and a new parole revocation hearing granted. Memorandum: Petitioner's right to a parole revocation hearing before a "`neutral and detached' hearing body" (Morrissey v Brewer, 408 U.S. 471, 489), was denied by virtue of the fact that the hearing officer had appeared as an attorney for the State at a prior proceeding in which petitioner's underlying conviction had been challenged. It is not necessary to decide whether the revocation hearing was affected by actual prejudice inasmuch as even the appearance of impropriety should be avoided (see People ex rel. Sweeney v Smith, 50 A.D.2d 722).