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MTR. OF RICHARDSON v. BD. OF PAROLE

41 A.D.2d 179 (1973)

In the Matter of Melvin Richardson, Respondent, v. New York State Board of Parole, Appellant

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

March 22, 1973.

Attorney(s) appearing for the Case

Hillel Hoffman of counsel (Samuel A. Hirshowitz and David Berman with him on the brief; Louis J. Lefkowitz, Attorney-General), for appellant.

William E. Hellerstein and Joel Berger for respondent.

McGIVERN and NUNEZ, JJ., concur with STEUER, J.; STEVENS, P. J., and MURPHY, J., dissent in an opinion by MURPHY, J.

STEUER, J.

Petitioner was convicted of grand larceny in the second degree on February 23, 1971, and sentenced to an indeterminate sentence not to exceed three years. After he had served 11 months the respondent Board of Parole released petitioner from Great Meadow Correctional Facility to its own custody. Some three months later he was arrested by his parole officer for violating the terms of his parole. Shortly...

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