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PEOPLE EX REL. MACK v. SMITH

76 Misc.2d 968 (1973)

The People of the State of New York ex rel. John Mack, Relator, v. Harold J. Smith, as Superintendent of Attica Correctional Facility, Respondent.

County Court, Wyoming County.

December 12, 1973

Attorney(s) appearing for the Case

Herman Schwartz and Daniel Weinstein for relator. Louis J. Lefkowitz, Attorney-General (Bedros Odian of counsel), for respondent.

JULIAN R. HANLEY, J.

Petitioner was sentenced to the Narcotic Addiction Control Commission for a five-year term beginning October 12, 1972. He had proceeded through the course of narcotics treatment to the point where he was on aftercare status at Masten Park in Buffalo, New York. Instead of letting him complete his NACC sentence, the State picked him up as a parole violator under his felony conviction of 1967 and imprisoned him in Attica Prison where...

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