People ex rel. Soto v. Follette (33 A.D.2d 1054, 1970)

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; cf. People ex rel. Smith v. Deegan, 32 A D 2d 940). Rabin, Acting P. J., Munder and Martuseello, JJ., concur; Hopkins and Benjamin, JJ., dissent and vote to reverse the judgment and to remit the matter to the Board of Parole for the purpose of a hearing at which the relator shall be entitled to counsel, and which otherwise shall be held pursuant to the provisions of section 218 of the Correction Law, in accordance with their dissent in People ex rel. Allen v. Follette (33 A D 2d 1051).