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People ex Rel. Soto 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; cf. People ex rel. Smith v. Deegan, 32 A.D.2d 940). Rabin, Acting P.J., Munder and Martuscello, JJ., concur; Hopkins and Benjamin, JJ., dissent and vote to reverse the judgment and to remit the matter to the Board of Parole for the purpose of a hearing at which the relator shall be entitled to counsel, and which otherwise shall be held pursuant to the provisions of section 218 Correct. of the Correction Law, in accordance with their dissent in People ex rel. Allen v. Follette ( 33 A.D.2d 1051).


Summaries of

People ex Rel. Soto 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. Soto v. Follette

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. MICHAEL SOTO, 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)