Appellate Division of the Supreme Court of New York, 1978

Braffman v. New York State Board of Parole

Braffman v. New York State Board of Parole
Appellate Division of the Supreme Court of New York · Decided December 11, 1978
66 A.D.2d 799; 411 N.Y.S.2d 38; 1978 N.Y. App. Div. LEXIS 14097
Braffman v. New York State Board of Parole

Opinion of the Court

In an article 78 proceeding, inter alia, to review a determination by the respondents which revoked the petitioner’s conditional release, the appeal is from a judgment of the Supreme Court, Westchester County, entered June 26, 1978, which dismissed the petition. Judgment affirmed, without costs or disbursements. Although petitioner did not have the opportunity to confront every possible witness, the testimony of the witness whom he did confront was sufficient to sustain the determination to revoke his conditional release. In any event, the uncontested charge that petitioner failed to inform his parole officer that he had been questioned by the Port Authority police, was itself sufficient to sustain the revocation of his conditional release. Martuscello, J. P., Titone, Shapiro and O’Connor, JJ., concur.

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