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PEOPLE EX REL. RASK v. WARDEN

62 Misc.2d 266 (1970)

The People of the State of New York ex rel. Ted Rask, Relator, v. Warden of the Penitentiary of the City of New York, Rikers Island, Respondent.

Supreme Court, Special Term, Bronx County.

March 10, 1970

Attorney(s) appearing for the Case

Arthur Guff and Joseph Kaplan for relator. Louis J. Lefkowitz, Attorney-General (Vincent A. Marsicano of counsel), for respondent.

WILFRED A. WALTEMADE, J.

Petitioner was sentenced on April 4, 1969, to a term of one year for possession of drugs with intent to sell, and he was credited with 14 days' jail time. Pursuant to section 70.40 of the Penal Law and subdivision 5 of section 827 of the Correction Law the petitioner, after serving 2 months and 16 days, applied for and received his conditional release, dated June 25, 1969. At the time of his release, there was a

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