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MATTER OF KEMP v. N. Y. S. PAROLE BD.

46 Misc.2d 803 (1965)

In the Matter of Richard Kemp, Petitioner. v. New York State Parole Board et al., Respondents.

Supreme Court, Cayuga County.

June 26, 1965

Attorney(s) appearing for the Case

Richard B. Tolins for petitioner. Louis J. Lefkowitz, Attorney-General (William S. Elder, Jr., of counsel), for respondents.

DOMENICK L. GABRIELLI, J.

The petitioner was convicted in the Allegany County Court of the crime of rape, first degree, and received a sentence of from one day to life. He seeks an order directing "the New York State Parole Board to make a determination of petitioner's eligibility for parole based upon his psychiatric fitness to live and remain at liberty".

Upon the return day, the petitioner was present upon a body order, with his attorney, and...

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