PEOPLE EX REL. FRISBIE v. McEVOY


64 Misc.2d 840 (1970)

The People of the State of New York ex rel. Charles E. Frisbie, Relator, v. Kenneth McEvoy, as Sheriff of Cortland County, Respondent.

County Court, Cortland County.

December 7, 1970


Attorney(s) appearing for the Case

Daniel M. Wyner for relator. Robert E. Jones, District Attorney, for Superintendent of the Auburn Correctional Facility.


RICHARD J. SHAY, J.

In his application for a writ of habeas corpus, the petitioner challenged the constitutionality of the New York statutory procedures established in relation to conditional release from an indeterminate prison sentence.

Petitioner was sentenced on February 28, 1968, to an indeterminate term of imprisonment having a statutory minimum of one year and a maximum of three years. At the time of sentencing he had been in custody (jail...

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