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PEOPLE EX REL. BRAM v. HEROLD

29 N.Y.2d 939 (1972)

The People of the State of New York ex rel. William A. Bram, Appellant, v. Ross E. Herold, as Director of Dannemora State Hospital, Respondent.

Court of Appeals of the State of New York.

Decided January 14, 1972.

Attorney(s) appearing for the Case

Robert E. Heslin for appellant.

Louis J. Lefkowitz, Attorney-General (Thomas P. Zolezzi and Ruth Kessler Toch of counsel), for respondent.

Concur: Chief Judge FULD and Judges BURKE, BERGAN and GIBSON. Judge BREITEL dissents and votes to affirm in the following opinion in which Judges SCILEPPI and JASEN concur.

Order reversed, without costs, and the matter remitted to Special Term for a hearing in accordance with the following memorandum: The directive of the Department of Correction denying to all "mentally ill" prisoners, the good behavior allowances of article 24 of the Correction Law, applicable to old law prisoners under section 230-a of the Correction Law, is violative of the statutory scheme governing reduction of sentences and a denial, to those so classified without...

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