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PEOPLE EX REL. WARREN v. MANCUSI

40 A.D.2d 279 (1973)

The People of the State of New York ex rel. David Miles Warren, Respondent, v. Vincent R. Mancusi, as Superintendent of Attica Correctional Facility, Appellant

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

January 18, 1973.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Joseph J. Ricotta and Ruth Kessler Toch of counsel), for appellant.

Nathaniel A. Barrell (Edward L. Chassin of counsel), for respondent.

DEL VECCHIO, J. P., MARSH, MOULE and HENRY, JJ., concur.

CARDAMONE, J.

This appeal presents two questions for our determination: the first is whether habeas corpus may properly be used to challenge revocation of parole; the second is whether the burden of proof respecting the alleged violations of the conditions of parole at the parole revocation hearing should be properly imposed on the Parole Board or on the parolee.

The facts are simple and undisputed. Relator, David Miles Warren, was sentenced on...

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