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PEOPLE EX REL. MENECHINO v. WARDEN

27 N.Y.2d 376 (1971)

The People of the State of New York ex rel. Joseph Menechino, Appellant, v. Warden, Green Haven State Prison, Respondent.

Court of Appeals of the State of New York.

Decided January 13, 1971.

Attorney(s) appearing for the Case

David Rosenberg and Leonard B. Boudin for appellant.

Louis J. Lefkowitz, Attorney-General (Hillel Hoffman and Samuel A. Hirshowitz of counsel), for respondent.

Judges BURKE, BERGAN and GIBSON concur with Chief Judge FULD; Judge SCILEPPI dissents and votes to affirm in an opinion in which Judge BREITEL concurs in a separate opinion, and in both of which opinions Judge JASEN concurs.

Chief Judge FULD.

The relator is serving a lengthy term in prison following the revocation of his earlier release on parole. He had appeared before the Board of Parole at a revocation hearing without an attorney, and upon this appeal we are called upon to decide whether parolees are constitutionally entitled, under the Federal and State Constitutions, to the assistance of counsel in parole revocation hearings...

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