PEOPLE EX REL. DONOHOE v. PERHACH


74 Misc.2d 555 (1973)

The People of the State of New York ex rel. Frederick Donohoe, Relator, v. John M. Perhach, as Sheriff of the County of Broome, Respondent.

County Court, Broome County.

May 23, 1973


Attorney(s) appearing for the Case

Louis J. Casella and Peter L. Yellin for relator. Louis J. Lefkowitz, Attorney-General (Daniel F. Ruge of counsel), for respondent.


PAUL J. YESAWICH, JR., J.

Petitioner in this habeas corpus proceeding challenges the constitutionality of the preliminary hearing which was accorded relator in order to determine whether his parole should be revoked. Petitioner's request, made on oral argument that the court conduct a fact-finding hearing, is denied for the issue presented is purely one of law.

The day following relator's arrest on an assault charge, the New York State Board of...

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