PICCARILLO v. BD. OF PAROLE


48 N.Y.2d 76 (1979)

The People of the State of New York ex rel. Salvatore Piccarillo by Steve Sandler, Respondent, v. New York State Board of Parole et al., Appellants.

Court of Appeals of the State of New York.

Decided October 18, 1979.


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Steven A. Marcus, A. Seth Greenwald and George D. Zuckerman of counsel), for appellants.

Steve Sandler, William E. Hellerstein and Donald H. Zuckerman for respondent.

Chief Judge COOKE and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.


JASEN, J.

Presented for our determination on this appeal is the question whether the exclusionary rule proscribes the use of evidence at a parole revocation hearing when such evidence is determined by a court to be the fruit of an illegal search and seizure.

The facts are not in dispute and, for purposes related to this appeal, may be simply stated. On January 12, 1977, petitioner Piccarillo, who was serving...

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