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People ex rel. Mills v. Guay

Appellate Division of the Supreme Court of New York, Third Department
Feb 13, 1975
47 A.D.2d 678 (N.Y. App. Div. 1975)

Opinion

February 13, 1975


Appeal from a judgment of the County Court of Clinton County, entered July 23, 1974, which dismissed a writ of habeas corpus. Petitioner received all of the due process rights to which he was entitled upon revocation of his conditional release as mandated by Morrissey v. Brewer ( 408 U.S. 471; cf. Correction Law, §§ 828, 829; People ex rel. Calloway v. Skinner, 33 N.Y.2d 23, 34; People ex rel. Kendrick v. Flood, 43 A.D.2d 964). We note, however, that the Attorney-General included materials in the appendix to his brief which formed no part of the record on appeal. While these papers were not necessary for resolution of this appeal and, of course, were not considered by this court, we take this opportunity to express our disapproval of such a practice. Judgment affirmed, without costs. Herlihy, P.J., Sweeney, Kane, Main and Larkin, JJ., concur.


Summaries of

People ex rel. Mills v. Guay

Appellate Division of the Supreme Court of New York, Third Department
Feb 13, 1975
47 A.D.2d 678 (N.Y. App. Div. 1975)
Case details for

People ex rel. Mills v. Guay

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. JAMES H. MILLS, JR.…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Feb 13, 1975

Citations

47 A.D.2d 678 (N.Y. App. Div. 1975)

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