PEOPLE EX REL. GAMBINO v. WARDEN


43 A.D.2d 400 (1974)

The People of the State of New York ex rel. Philip Gambino, Appellant, v. Warden of the City Prison of the City of New York, Respondent

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

February 14, 1974.


Attorney(s) appearing for the Case

David M. Markowitz (Conrad F. Ferrigno with him on the brief), for appellant.

Margery Evans Reifler of counsel (Samuel A. Hirshowitz with her on the brief; Louis J. Lefkowitz, Attorney-General), for respondent.

MARKEWICH, J. P., NUNEZ and MURPHY, JJ., concur.


STEUER, J.

The relator in this habeas corpus proceeding was convicted of burglary in 1964. He was paroled in February, 1971. On May 3, 1972, his parole was revoked and, after a hearing on June 29, 1972, he was declared delinquent. Thereafter he sued out a writ of habeas corpus. The issue on the return of the writ was whether relator was accorded due process on the hearing which declared him delinquent.

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