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.
Parole Revocation Barred for Defendant Unfit to Stand Trial
New York Law Journal
January 2, 2013
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