LAWRENCE v. SMITH

Civ. No. 76-314.

451 F.Supp. 179 (1978)

David LAWRENCE, Petitioner, v. Harold J. SMITH, Superintendent, Attica Correctional Facility, Edward R. Hammock, Chairman, New York State Board of Parole, Respondents.

United States District Court, W. D. New York.

May 3, 1978.


Attorney(s) appearing for the Case

Philip Halpern, Martin Feinrider, Student Atty., Buffalo, N. Y., for petitioner.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, Albany, N. Y. (Kenneth E. Graber, Asst. Atty. Gen., Buffalo, N. Y., of counsel), for respondents.


CURTIN, Chief Judge.

Petitioner David Lawrence has applied to this court for a writ of habeas corpus, claiming that he is entitled to be released from the custody of the New York State Board of Parole because he was not accorded the due process protections of Morrissey v. Brewer, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972) at his final parole revocation hearing that was held on November 6, 1974.

Petitioner was...

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