The People of the State of New York ex rel. Leticia 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.
In the Matter of Clifford Stephens, Respondent,
v.
Philip J. Hirsch, as Commissioner, New York State Division of Parole, Appellant.
In the Matter of Melvin Richardson, Appellant,
v.
New York State Board of Parole, Respondent.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued June 8, 1973.
Decided July 3, 1973.
Attorney(s) appearing for the Case
Nicholas P. Varlan, Public Defender (Leslie A. Bradshaw of counsel), for appellants in the first and second above-entitled proceedings.
Louis J. Lefkowitz, Attorney-General (Frederick R. Walsh and Jean M. Coon of counsel), for respondent in the first and second above-entitled proceedings.
Louis J. Lefkowitz, Attorney-General (Hillel Hoffman, Irving Galt and Joel Lewittes of counsel), for appellant in the third above-entitled proceeding.
Eugene Murphy, James J. McDonough and Matthew Muraskin for respondent in the third above-entitled proceeding.
Joel Berger and William E. Hellerstein for appellant in the fourth above-entitled proceeding.
Louis J. Lefkowitz, Attorney-General (Hillel Hoffman, Joel Lewittes and David Berman of counsel), for respondent in the fourth above-entitled proceeding.
Thomas M. McDade for the Legal Aid Society of Westchester County, amicus curiae.
Judges BURKE, BREITEL and GABRIELLI concur with Judge JASEN; Chief Judge FULD dissents and votes to reverse in a separate opinion in which Judges JONES and WACHTLER concur.
Court of Appeals of the State of New York.
JASEN, J.
In each of the cases before us1, we are called upon to consider for the first time whether a parolee has a due process right to the assistance of counsel at a preliminary parole revocation hearing.
The Supreme Court recently addressed itself to this issue with respect to indigent probationers and parolees, holding that due process does not invariably require the assistance...
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