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PEOPLE EX REL. PYCLIK v. SMITH

81 A.D.2d 1016 (1981)

The People of the State of New York ex rel. Stanley J. Pyclik, 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.

May 27, 1981

Judgment unanimously reversed and a new parole revocation hearing granted.

Memorandum:

Petitioner's right to a parole revocation hearing before a "`neutral and detached' hearing body" (Morrissey v Brewer, 408 U.S. 471, 489), was denied by virtue of the fact that the hearing officer had appeared as an attorney for the State at a prior proceeding in which petitioner's underlying conviction had been challenged. It is

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