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MTR OF LOPEZ v. EVANS

No. 51

25 N.Y.3d 199 (2015)

31 N.E.3d 1197

9 N.Y.S.3d 601

2015 NY Slip Op 02868

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

Court of Appeals of New York.

Decided April 7, 2015.

Attorney(s) appearing for the Case

Eric T. Schneiderman , Attorney General, New York City ( Steven C. Wu , Won S. Shin , Barbara D. Underwood and Richard P. Dearing of counsel), for appellant.

The Legal Aid Society, New York City ( Elon Harpaz and Scott A. Rosenberg of counsel), for respondent.

Stroock & Stroock & Lavan LLP, New York City ( Curtis C. Mechling , Patrick N. Petrocelli and Benjamin C. Woodruff of counsel), for The Fortune Society, amicus curiae.

The Association of the Bar of the City of New York, New York City ( Allegra Glashausser , Katherine Bromberg , Matthew Main and Elizabeth Sisul of counsel), for The Association of the Bar of the City of New York, amicus curiae.

Cleary Gottlieb Steen & Hamilton LLP, New York City ( Thomas J. Moloney , Mark S. Grube , Armine Sanamyan and Elizabeth Danielle Byam of counsel), for Mental Hygiene Legal Service, amicus curiae.

Chief Judge LIPPMAN and Judges READ, RIVERA, ABDUS-SALAAM, STEIN and FAHEY concur.

OPINION OF THE COURT

We hold that when a parolee lacks mental competency to stand trial, it is a violation of his or her due process rights to conduct a parole revocation hearing. In light of our concerns about the application of the pertinent statutes to such individuals, we urge the legislature to address the issues raised...

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