New York Court of Appeals

The People of the State of New York ex rel. Joseph Menechino v. Warden, Green Haven State Prison

January 13, 197127 N.Y.2d 376

Summary

The New York Court of Appeals held that both the U.S. Constitution's Fourteenth Amendment due process clause and the New York State Constitution require that a parolee be afforded counsel and the opportunity to present testimony at a parole revocation hearing. Accordingly, the lower court's judgment was reversed and the case remanded for a new hearing with counsel.