People ex rel. Porter v. Smith

• Court: New York Supreme Court — Appellate Division
• Writing for the Court: Before CARDAMONE
• Citation: People ex rel. Porter v. Smith, 420 N.Y.S.2d 817, 71 A.D.2d 1056 (N.Y. App. Div. 1979)
• Decision Date: 28 September 1979
• Parties: PEOPLE of the State of New York ex rel. Andrew C. PORTER, Appellant, v. Harold J. SMITH, Superintendent, Attica Correctional Facility, Respondent.

Page 817

420 N.Y.S.2d 817

71 A.D.2d 1056

PEOPLE of the State of New York ex rel. Andrew C. PORTER, Appellant, v. Harold J. SMITH, Superintendent, Attica Correctional Facility, Respondent.

Supreme Court, Appellate Division, Fourth Department.

Sept. 28, 1979.

Nathaniel A. Barrell, Buffalo, by James L. Essenson, Buffalo, for appellant.

Robert Abrams, Atty. Gen., Albany, by Jeffrey T. Lacey, Buffalo, for respondent.

Before CARDAMONE, J. P., and SIMONS, HANCOCK, CALLAHAN and MOULE, JJ.

MEMORANDUM:

On March 9, 1978, three months after his release on parole, relator voluntarily admitted himself to the Rochester Psychiatric Center for treatment. As a result of incidents where he struck male nurses, attacking one in an attempt to secure keys with which to escape, a parole violation warrant was filed charging that relator had violated that condition of his parole wherein he promised not to be a menace to the safety or well-being of himself, others, or to society (7 NYCRR, 1915.10(7)(d), repealed January 9, 1979). At a final parole revocation hearing held July 7, 1978 relator admitted the incidents upon which the charges were based but contended that, inasmuch as they were the result of his mental condition, his parole should not be revoked. The Parole...