PEOPLE EX REL. CLANTON v. SMITH


105 A.D.2d 1123 (1984)

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

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

November 7, 1984


Judgment unanimously affirmed.

Memorandum:

There is no merit to relator's argument that he was improperly deprived of his right to counsel at his preliminary parole revocation hearing. There is no statutory right to counsel at such hearings, and there is nothing in the record to suggest that this is one of the small minority of cases in which "fundamental fairness — the touchstone of due process — will compel the assistance of counsel" (People...

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