General
The People of the State of New York ex rel. Santos Ortiz, Appellant, v. Harold W. Follette, as Warden of Green Haven Prison, Respondent
33 A.D.2d 1054·New York Supreme Court, Appellate Division·1970·NY
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Opinion
The People of the State of New York ex rel. Santos Ortiz, Appellant, v. Harold W. Follette, as Warden of Green Haven Prison, Respondent.
[MAJORITY]
In a habeas corpus proceeding, relator appeals from a judgment of the Supreme Court, Dutchess County, dated January 24, 1969, which dismissed the writ. Judgment affirmed, without costs (People ex rel. Baker v. Follette, 33 A D 2d 1052; People ex rel. Smith v. Deegan, 32 A D 2d 940; People ex rel. Coleman v. Follette, 33 A D 2d 575; Matter of Menechino v. Division of Parole, New York City, 32 A D 2d 761). Brennan, Acting P. J., Martuseello and Kleinfeld, JJ., concur; Hopkins and Benjamin, JJ., dissent and vote to reverse the judgment and to remand the matter to the Board of Parole for a new hearing, at which relator should be afforded counsel, with the following memorandum: We dissent for the reasons stated in our dissenting memorandum in People ex rel. Allen v. Follette (33 A D 2d 1051).