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PEOPLE EX REL. SCHUSTER v. VINCENT

42 A.D.2d 596 (1973)

The People of the State of New York ex rel. Roy Schuster, Respondent, v. Leon J. Vincent, as Superintendent of Green Haven Correctional Facility, Appellant

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

June 18, 1973

Judgment reversed, on the law, without costs, and writ dismissed.

The record discloses that at the parole hearing on May 16, 1972, the Parole Board was willing to parole relator and the Attorney-General implicitly consented thereto; and that Schuster has been a fit person for parole. But relator, in his intransigence (based on his "conscience", to quote him), insisted that only unconditional release was acceptable to him...

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