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PEOPLE EX REL. DONOHOE v. MONTANYE

35 N.Y.2d 221 (1974)

The People of the State of New York ex rel. Frederick Donohoe, Appellant, v. Ernest L. Montanye, as Superintendent of Attica Correctional Facility, Respondent.

Court of Appeals of the State of New York.

Decided October 8, 1974.

Attorney(s) appearing for the Case

Edward L. Chassin and Nathaniel A. Barrell for appellant.

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

William E. Hellerstein and Donald H. Zuckerman for The Legal Aid Society, Parole Revocation Defense Unit, amicus curiae.

Judges GABRIELLI, JONES, WACHTLER, RABIN, STEVENS and WITMER concur.

Chief Judge BREITEL.

Petitioner, a former State prisoner on parole, appeals from an Appellate Division order reversing a Wyoming County Court judgment granting habeas corpus relief and ordering his release on parole. At the County Court petitioner had successfully contended that he had been deprived of due process of law because under a Parole Board regulation he had been denied the right to counsel during a...

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