People ex rel. Combs v. Lavallee
| Decision Date | 01 July 1968 |
| Citation | 22 N.Y.2d 857,293 N.Y.S.2d 117 |
| Parties | , 239 N.E.2d 743 PEOPLE, etc., ex rel. Willie COMBS, Respondent, v. J. Edwin LaVALLEE, Warden of Auburn State Prison, Auburn, New York, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Fourth Department, 29 A.D.2d 128, 286 N.Y.S.2d 600.
Louis J. Lefkowitz, Atty. Gen. , for appellant.
Albert S. Pergam, New York City, for respondent.
Relator brought habeas corpus proceeding against Warden of Auburn State Prison, Auburn, New York to secure his release on ground that his detention was illegal because of the alleged denial of his right to counsel at parole revocation hearing.
The Supreme Court, Special Term, Cayuga County, Arthur E. Blauvelt, J., 53 Misc.2d 281, 278 N.Y.S.2d 287, entered an order denying the application without a hearing.
The Appellate Division, Bastow, J., 29 A.D.2d 128, 286 N.Y.S.2d 600, entered an order January 11, 1968 which reversed the order of the Special Term and ordered that if the Board of Parole did not, within a specified time, hold a new hearing at which the relator had the right to be represented by counsel, then the writ should be sustained and the relator be discharged from custody.
The Warden appealed to the Court of Appeals.
Appeal dismissed upon the ground that the order appealed from does not finally determine the proceeding within the meaning of the Constitution.
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