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PEOPLE EX REL. HERRERA v. SCHAGER

88 A.D.2d 983 (1982)

The People of the State of New York ex rel. Jose Herrera, Appellant, v. Peter Schager, as Warden, Rikers Island, et al., Respondents

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

June 21, 1982

Matter remitted to Special Term to hear and report on whether petitioner voluntarily waived his right to be present at the final parole revocation hearing; in the interim the appeal is held in abeyance. Petitioner received written notice of a final parole revocation hearing to be held on April 1, 1981, but denies that he waived his right to attend the hearing. The hearing officer erroneously held the hearing in the petitioner's absence...

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