Appellate Division of the Supreme Court of New York, 1976

People ex rel. Sito v. New York State Board of Parole

People ex rel. Sito v. New York State Board of Parole
Appellate Division of the Supreme Court of New York · Decided December 20, 1976
55 A.D.2d 660; 390 N.Y.S.2d 130; 1976 N.Y. App. Div. LEXIS 15419
People ex rel. Sito v. New York State Board of Parole

Opinion of the Court

In a habeas corpus proceeding, petitioner appeals from a judgment of the Supreme Court, Dutchess County, dated December 7, 1976, which dismissed the proceeding. Judgment affirmed, without costs or disbursements. There was ample proof to support the conclusion of respondent that petitioner was guilty of certain misconduct and that he had violated substantial requirements of the conditions of his parole, thus justifying its revocation. There is *661no absolute right to have counsel assigned to aid a person in determining whether to waive a preliminary hearing (see People ex rel. Calloway v Skinner, 33 NY2d 23). Martuscello, Acting P. J., Latham, Cohalan, Damiani and Hawkins, JJ., concur.

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