PEOPLE EX REL. DEVINE v. NEW YORK STATE BD. OF PAROLE


68 A.D.2d 867 (1979)

The People of the State of New York ex rel. Thomas Devine, Respondent, v. New York State Board of Parole et al., Appellants

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

March 29, 1979


Thomas Devine, while on parole, was arrested and subsequently indicted for the crimes of murder in the second degree and criminal possession of a weapon. On May 31, 1978, a hearing on the defendant's motion to suppress physical evidence (a gun) and statements of the defendant Devine was held before Justice Richard Lane, and the motion was granted. On July 21, 1978, a preliminary parole-violation proceeding was held at which the only evidence adduced was the gun directed to...

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