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MATTER OF MAYFIELD v. EVANS

402836/10, 5936A.

93 A.D.3d 98 (2012)

938 N.Y.S.2d 290

2012 NY Slip Op 1141

In the Matter of CLARENCE MAYFIELD, Appellant, v. ANDREA EVANS, Chairwoman, New York State Division of Parole, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 14, 2012.

Attorney(s) appearing for the Case

Steven Banks , The Legal Aid Society, New York City ( Martin J. LaFalce of counsel), for appellant.

Eric T. Schneiderman , Attorney General, New York City ( Simon Heller and Benjamin N. Gutman of counsel), for respondent.

MAZZARELLI, J.P., SWEENY, DEGRASSE and MANZANET-DANIELS, JJ., concur with ACOSTA, J.

OPINION OF THE COURT

ACOSTA, J.

This appeal gives us the opportunity to address the statutory and constitutional validity of the New York State Division of Parole's bifurcated parole revocation process pursuant to 9 NYCRR 8005.20 (c) (6), the regulation establishing such a process for parolees who have been convicted of homicide, sex crimes or kidnapping. We hold that this regulation is a usurpation of legislative prerogative and therefore void. We thus...

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