People ex rel. Lawrence v. Smith

Appellate Division of the Supreme Court of New York

People ex rel. Lawrence v. Smith

50 A.D.2d 1073, 376 N.Y.S.2d 61, 1975 N.Y. App. Div. LEXIS 12096

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 12, 1975

StatusPublished

Cited by5 cases

This text of 50 A.D.2d 1073 (People ex rel. Lawrence v. Smith) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People ex rel. Lawrence v. Smith, 50 A.D.2d 1073, 376 N.Y.S.2d 61, 1975 N.Y. App. Div. LEXIS 12096 (N.Y. Ct. App. 1975).

Pincite

Opinion

— 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 US 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 [1074]*1074the administrative finding of the Board of Parole of violation by relator and its determination of revocation. (Appeal from judgment of Wyoming County Court dismissing writ of habeas corpus.) Present — Marsh, P. J., Simons, Mahoney, Goldman and Del Vecchio, JJ.

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— 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 US 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 [1074]*1074the administrative finding of the Board of Parole of violation by relator and its determination of revocation. (Appeal from judgment of Wyoming County Court dismissing writ of habeas corpus.) Present — Marsh, P. J., Simons, Mahoney, Goldman and Del Vecchio, JJ.

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Bluebook (online)

50 A.D.2d 1073, 376 N.Y.S.2d 61, 1975 N.Y. App. Div. LEXIS 12096, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-lawrence-v-smith-nyappdiv-1975.

Opinion

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