UNITED STATES v. NEW YORK STATE PAROLE BOARD


229 F.Supp. 117 (1964)

UNITED STATES of America ex rel. John SANTAROMITA, Relator, v. The NEW YORK STATE PAROLE BOARD, Respondent.

United States District Court S. D. New York.

May 5, 1964.


Attorney(s) appearing for the Case

John Santaromita, pro se.

Louis J. Lefkowitz, Atty. Gen. of New York, New York City, for respondent; Joel Lewittes, Asst. Atty. Gen., of counsel.


WEINFELD, District Judge.

The relator is presently detained under a judgment of conviction which is not challenged. If and when, upon his present release dated thereunder May 13, 1964, the State parole authorities should execute a warrant for parole violation and detain him by reason thereof, he may then attack his detention upon the grounds now advanced. In effect, petitioner now seeks a declaratory judgment by the Federal courts with respect to a proposed detention...

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