PEOPLE EX REL. COOPER v. SMITH


77 Misc.2d 666 (1974)

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

County Court, Wyoming County.

April 10, 1974


Attorney(s) appearing for the Case

Edward Chassin for relator. Louis J. Lefkowitz, Attorney-General (Bedros Odian of counsel), for respondent.


JULIAN R. HANLEY, J.

By this habeas corpus, the relator is contesting the validity of his present imprisonment, arguing that he was removed from a work release program and returned to prison without due process.

He has been serving a seven-year sentence in Attica for robbery. In October of 1973 he was given a "work release" program to a halfway house in Rochester. Like parole, he was subject to various conditions. He had a steady job, employed...

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