PEOPLE EX REL. HOLMAN v. McMANN


26 A.D.2d 708 (1966)

The People of the State of New York ex rel. Jonathan Holman, Appellant, v. Daniel J. McMann, as Warden of Clinton Prison, Respondent

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

July 1, 1966


Per Curiam.

Relator was not released, voluntarily or otherwise, from the custody of the State of New York to that of another authority as was the prisoner in People ex rel. Rainone v. Murphy (1 N.Y.2d 367), upon which relator mistakenly relies: and the Parole Board never regained "complete and unconditional" custody of relator, within the Rainone rule, until the completion of his imprisonment in the city penitentiary...

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