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PEOPLE EX REL. LAWRENCE v. SMITH

50 A.D.2d 1073 (1975)

The People of the State of New York ex rel. David Lawrence, Appellant, v. Harold J. Smith, as Superintendent of The Attica Correctional Facility, Respondent

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

December 12, 1975

Judgment unanimously affirmed.

Memorandum:

In this habeas corpus proceeding the record is convincing that the proceedings, culminating in the revocation of relator's parole, comported with all due process requisite under Morrissey v Brewer (408 U.S. 471), both in fact and opportunity accorded to relator. Relator's knowledgeable waiver of counsel at the ultimate revocation hearing forecloses any complaint as to his failure...

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