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MATTER OF GAY v. LA VALLEE

45 A.D.2d 976 (1974)

In the Matter of Marvin Gay, Appellant, v. J. Edwin La Vallee, as Superintendent of Clinton Correctional Facility, Respondent

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

September 19, 1974

On September 21, 1972, petitioner received a reformatory sentence of four years for the crime of robbery in the second degree. He presently argues that he is being subjected to unlawful and unconstitutional discrimination in that, as a recipient of a reformatory sentence, he is not entitled to "good behavior time" and a resultant early release from custody while all persons otherwise sentenced, as to indeterminate or definite terms...

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