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PEOPLE EX REL. BAKER v. FOLLETTE

33 A.D.2d 1052 (1970)

The People of the State of New York ex rel. Richard Paul Baker, Appellant, v. Harold W. Follette, as Warden of Green Haven Prison, Respondent

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

February 25, 1970

Judgment affirmed, without costs.

We prefer to abide by the majority view in People ex rel. Smith v. Deegan (32 A.D.2d 940). There is no constitutional mandate for either assistance of counsel or an adversary hearing in parole revocation procedures. Even under the Federal process, where a special rule of the Board of Parole of the United States permits representation by counsel at a revocation hearing, the constitutional...

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