PEOPLE EX REL. CLEVELAND v. NEW YORK STATE DIV. OF PAROLE


110 A.D.2d 671 (1985)

The People of the State of New York ex rel. Arnold Cleveland, Respondent, v. New York State Division of Parole et al., Appellants

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

April 1, 1985


Appeal dismissed as moot, without costs or disbursements.

The issue raised on this appeal has been rendered moot by the Parole Board's subsequent determination to release petitioner to parole supervision. Nevertheless, we take this opportunity to note that Special Term erred in holding that a parolee who requests the assistance of counsel prior to a final parole revocation hearing cannot, in the absence of counsel, effectively waive the right to counsel on the date...

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