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PEOPLE EX REL. MAGGIO v. CASSCLES

28 N.Y.2d 415 (1971)

The People of the State of New York ex rel. Thomas Maggio, Appellant, v. J. Leland Casscles, as Warden of Sing Sing Prison, Respondent.

Court of Appeals of the State of New York.

Decided May 26, 1971.

Attorney(s) appearing for the Case

Philip A. J. Giangrande and E. Robert Giuntini for appellant.

Louis J. Lefkowitz, Attorney-General (Burton Herman and Samuel A. Hirshowitz of counsel), for respondent.

Chief Judge FULD and Judges BERGAN and GIBSON concur with Judge BURKE; Judges SCILEPPI, BREITEL and JASEN concur on constraint of People ex rel. Menechino v. Warden ().

BURKE, J.

Relator was arrested on June 5, 1969 for a violation of parole. On June 24, 1969 he was returned to Sing Sing Prison, where, on July 29, 1969, a parole revocation hearing was held. The hearing, which resulted in a revocation, was conducted, of course, without representation of relator by counsel.

In his habeas corpus petition, relator alleged that...

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