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MATTER OF MILLER

46 A.D.2d 999 (1974)

In the Matter of the Application of Alan D. Miller, for Discharge or Release of Rufus Lee, Respondent. Edward C. Cosgrove, as District Attorney of Erie County, Appellant

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

December 12, 1974

Judgment unanimously modified in accordance with memorandum and as modified affirmed, without costs.

Memorandum:

Acting under CPL 330.20 (subd. 2) the State Commissioner of Mental Hygiene petitioned Special Term for the release of Rufus Lee from Buffalo State Hospital and his return to the community. Lee had been tried for the murder in 1964 of two women, was found guilty and was sentenced to life imprisonment therefor in January, 1966. His conviction was...

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