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PEOPLE EX REL. WILEY v. WILKINS

25 A.D.2d 942 (1966)

The People of the State of New York ex rel. James B. Wiley, Respondent-Appellant, v. Walter H. Wilkins, as Warden of Attica Prison, Appellant-Respondent

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

May 19, 1966

Order unanimously reversed and writ dismissed.

Memorandum:

The case of People ex rel. Rainone v. Murphy (1 N.Y.2d 367) has no application to the facts here present. The New York Parole Board did not interrupt the service of the relator's sentence. The interruption of service, if any, was caused by the affirmative act of the relator in refusing to waive extradition from California to New York at the time that New York...

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