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PEOPLE EX REL. PETITE v. FOLLETTE

24 N.Y.2d 60 (1969)

The People of the State of New York ex rel. John R. Petite, Respondent, v. Harold W. Follette, as Warden of Green Haven Prison, Appellant.

Court of Appeals of the State of New York.

Decided February 20, 1969.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Joel H. Sachs and Samuel A. Hirshowitz of counsel), for appellant.

Martin L. Brothers for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING and BREITEL concur.

JASEN, J.

On October 22, 1965, petitioner was convicted of a felony and sentenced to serve 1¼ to 2½ years in Green Haven State Prison. He was thereafter paroled. In December, 1966, while on parole, petitioner fraudulently used a credit card and, as a result, the Parole Board declared him a delinquent on December 8, 1966. Pursuant to a parole violation warrant, he was taken into custody on December 15...

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