PEOPLE EX REL. GATTI v. AMICO


39 A.D.2d 826 (1972)

The People of the State of New York ex rel. Serafino Gatti, Respondent-Appellant, v. Michael Amico, as Sheriff of Erie County and as Agent of The New York State Board of Parole, Appellant-Respondent

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

May 25, 1972


Judgment unanimously reversed on the law and petition and writ dismissed without costs.

Memorandum:

Respondent appeals from a judgment of Erie County Court which on return of a writ of habeas corpus released relator on bail pending a parole revocation hearing. Relator, a paroled prisoner, was in custody pursuant to a Parole Board warrant for retaking and detaining him issued in accordance with the provisions of section 216 of the Correction Law. ¶ Appellant...

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