People ex rel. Rosado v. New York State Parole Board

Appellate Division of the Supreme Court of New York

People ex rel. Rosado v. New York State Parole Board

51 A.D.2d 753, 379 N.Y.S.2d 450, 1976 N.Y. App. Div. LEXIS 11298

Appellate Division of the Supreme Court of the State of New York·Decided February 9, 1976·Published·Cited by 1 cases

Opinion

In a habeas corpus proceeding, petitioner appeals from a judgment of the Supreme Court, Dutchess County, dated June 19, 1975, which dismissed the proceeding. Judgment affirmed, without costs or disbursements. The right to a preliminary hearing as promptly as convenient after arrest, and to a revocation hearing within a reasonable time after the parolee is taken into custody, must be decided on a case by case basis (see Matter of McLucas v Oswald, 40 AD2d 311, app withdrawn 33 NY2d 639; see, also, Morrissey v Brewer, 408 US 471; cf. Barker v Wingo, 407 US 514). The record before us does not reveal any prejudice to petitioner as a result of the time lapse between his apprehension and the final hearing. Hopkins, Acting P. J., Martuscello, Latham, Rabin and Titone, JJ., concur.

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In a habeas corpus proceeding, petitioner appeals from a judgment of the Supreme Court, Dutchess County, dated June 19, 1975, which dismissed the proceeding. Judgment affirmed, without costs or disbursements. The right to a preliminary hearing as promptly as convenient after arrest, and to a revocation hearing within a reasonable time after the parolee is taken into custody, must be decided on a case by case basis (see Matter of McLucas v Oswald, 40 AD2d 311, app withdrawn 33 NY2d 639; see, also, Morrissey v Brewer, 408 US 471; cf. Barker v Wingo, 407 US 514). The record before us does not reveal any prejudice to petitioner as a result of the time lapse between his apprehension and the final hearing. Hopkins, Acting P. J., Martuscello, Latham, Rabin and Titone, JJ., concur.

People ex rel. Rosado v. New York State Parole Board, 51 A.D.2d 753, 379 N.Y.S.2d 450, 1976 N.Y. App. Div. LEXIS 11298 (N.Y. Ct. App. 1976).

Pincite

51 A.D.2d 753 (People ex rel. Rosado v. New York State Parole Board) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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