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PEOPLE EX REL. SMITH v. DEEGAN

32 A.D.2d 940 (1969)

The People of the State of New York ex rel. Bernard Smith, Appellant, v. John T. Deegan, as Warden of Sing Sing Prison, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 7, 1969

Judgment affirmed, without costs.

In our opinion, section 218 of the Correction Law is not unconstitutional insofar as it denies a parolee the right of counsel at a hearing for revocation of his parole. The Federal courts have consistently held that parole is a matter of grace and that such a hearing does not involve constitutional due process, neither the assistance of counsel nor even a hearing being constitutionally mandated...

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