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Parole Revocation Barred for Defendant Unfit to Stand Trial

New York Law Journal

January 2, 2013

Breaking with their colleagues upstate and referencing courts in several other states, the First Department has held for the first time that a parolee found mentally incompetent to stand trial on new charges is also unfit to proceed with a parole revocation hearing. But the justices' agreement on that issue did not extend to the question of whether a parole board has any authority to determine the competency of an alleged parole violator.

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