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PEO. EX REL. CALLOWAY v. SKINNER

41 A.D.2d 106 (1973)

The People of the State of New York ex rel. Leticia M. Calloway, Appellant, v. Albert Skinner, as Monroe County Sheriff, Respondent The People of the State of New York ex rel. Janet Robinson, Appellant, v. Albert Skinner, as Monroe County Sheriff, Respondent

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

February 28, 1973.

Attorney(s) appearing for the Case

Nicholas P. Varlan (Leslie Bradshaw of counsel), for appellants.

Louis J. Lefkowitz, Attorney-General (Frederick R. Walsh, Ruth Kessler Toch and Jean M. Coon of counsel), for respondent.

MARSH, J. P., and SIMONS, J., concur with HENRY, J.; MOULE, J., dissents and votes to reverse judgments and sustain the writs, in an opinion in which CARDAMONE, J., concurs.

HENRY, J.

In this joint appeal by alleged parole violators, they claim that denial of their right to counsel at a preliminary hearing to determine whether there was probable cause to hold them for a parole revocation hearing violated due process.

In the month of June, 1972, warrants were issued by the Board of Parole pursuant to sections 216 to 218 of the Correction Law. The warrants recited that there...

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