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PEOPLE EX REL. SHIPPENS v. SMITH

91 A.D.2d 870 (1982)

The People of the State of New York ex rel. George Shippens, Respondent, v. Harold J. Smith, as Superintendent of Attica Correctional Facility, Appellant

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

December 17, 1982

Judgment unanimously reversed and petition dismissed.

Memorandum:

In this habeas corpus proceeding relator alleges that because his parole revocation hearing was not conducted by a neutral and detached person (Morrissey v Brewer, 408 U.S. 471), he is entitled to a new hearing or to be restored to parole status. The hearing was conducted by an associate counsel for the Division of Parole, who had been designated by the...

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