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LOPEZ v. EVANS

251269/10, 6426.

104 A.D.3d 105 (2012)

957 N.Y.S.2d 59

2012 NY Slip Op 9188

In the Matter of EDWIN LOPEZ, Appellant, v. ANDREA EVANS, Respondent.

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

December 27, 2012.

Attorney(s) appearing for the Case

Steven Banks , The Legal Aid Society, New York City ( Elon Harpaz of counsel), for appellant.

Eric T. Schneiderman , Attorney General, New York City ( Simon Heller and Alison J. Nathan of counsel), for respondent.

MAZZARELLI, J.P., RENWICK and FREEDMAN, JJ., concur with FRIEDMAN, J.; CATTERSON, J., concurs in a separate opinion.

OPINION OF THE COURT

FRIEDMAN, J.

This appeal requires us to determine whether a parole revocation proceeding may go forward against a parolee who has been found mentally incompetent to stand trial in a criminal prosecution based on the same charges that are at issue in the revocation proceeding. We hold that, under the circumstances of this case, the revocation proceeding may not go forward.

Petitioner Edwin Lopez was sentenced to 15 years to life...

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