PEOPLE EX REL. HERRERA v. SCHAGER


93 A.D.2d 847 (1983)

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

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

April 11, 1983


Judgment reversed, on the law, without costs or disbursements, petition granted with prejudice, and petitioner is restored to parole under the conditions heretofore in effect.

Based upon a stipulation entered into between counsel for the parties, it is now clear that petitioner never waived his right to be present at the final parole revocation hearing. Therefore, the writ should be sustained and the petitioner restored...

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