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PEOPLE EX REL. SMITH v. JOHNSTON

11 A.D.2d 833 (1960)

The People of the State of New York ex rel. Robert T. Smith, Appellant, v. W. Cecil Johnston, as Director of Dannemora Hospital, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 12, 1960

Prior to this present proceeding he was before the Parole Board in 1952 at Attica, in 1954 at Sing Sing and in 1957 at Attica, and on each occasion was denied parole. On March 5, 1957 he was transferred to Dannemora State Hospital where he is presently confined. A prisoner so sentenced is subject to the jurisdiction of the Parole Board while he is in a State prison (Correction Law, § 210), and it must review his case every two...

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