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PEO. EX REL. ALLAH v. WARDEN

47 A.D.2d 485 (1975)

The People of the State of New York ex rel. Dennis Allah, Also Known as Williams, Appellant, v. Warden, Bronx House of Detention, Respondent The People of the State of New York ex rel. Jesus Serrano, Jr., Appellant, v. Warden, New York City House of Detention for Men, Respondent

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

May 1, 1975

Attorney(s) appearing for the Case

Joseph Alan Kaplan of counsel (Mary E. Bednar with him on the brief; William Gallagher, attorney), for appellants.

David L. Birch and Rhonda Amkraut Bayer of counsel (Samuel A. Hirshowitz with them on the briefs; Louis J. Lefkowitz, Attorney-General), for respondents.

MARKEWICH, J. P., MURPHY, LANE and NUNEZ, JJ., concur with LUPIANO, J., as to Dennis Allah; MARKEWICH, J. P., LANE and NUNEZ, JJ., concur with LUPIANO, J., as to Jesus Serrano, MURPHY, J., dissenting in part in an opinion.

LUPIANO, J.

Each of these appeals involves the issue of whether an alleged parole violator can indefinitely be denied a final revocation of parole hearing where the basis for the violation is the commission of a new crime for which pending charge the alleged violator has been indicted and incarcerated, being unable to post the requisite bail. Analysis of one appeal perforce has concomitant relevance to resolution...

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