(DOWNLOAD) "People State New York Ex Rel. Edward Dowdy By Donald H. Zuckerman v. Harold J. Smith" by Court of Appeals of New York * Book PDF Kindle ePub Free
eBook details
- Title: People State New York Ex Rel. Edward Dowdy By Donald H. Zuckerman v. Harold J. Smith
- Author : Court of Appeals of New York
- Release Date : January 27, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
Relator, a multiple felony offender, was on parole under concurrent sentences for robbery in the first degree and felonious possession of a weapon. On May 5, 1977 he was arrested on two indictments charging him with first degree criminal sale of a controlled substance, first and third degree criminal possession of a controlled substance and first degree conspiracy. On the same day he was served with a parole violation notice based on the same offenses, alleging that, by both possessing and selling heroin, he had violated general parole rule 12 which, in March, 1975, when relator was released on parole, provided: "I will not use, possess, or purchase any illegal drugs or use or possess those that have been unlawfully obtained." (Formerly 7 NYCRR 1915.10, repeal filed Jan. 9, 1979.) After a jury trial in which relator interposed the affirmative defense of entrapment, he was acquitted on all counts. At the subsequent parole violation hearing relator, relying on the doctrine of collateral estoppel, contended that his acquittal in the criminal action constituted a complete defense to the charge of parole violation. The Parole Board rejected this contention and sustained both violations.
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