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PEOPLE EX REL. MIDDLETON v. ZELKER

36 N.Y.2d 691 (1975)

The People of the State of New York ex rel. Charles Middleton, Respondent, v. John L. Zelker, as Superintendent of Green Haven Correctional Facility, Appellant.

Court of Appeals of the State of New York.

Decided February 18, 1975.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (David H. Berman and Samuel A. Hirshowitz of counsel), for appellant.

Lewis H. Silverman and Bernard R. Bacharach for respondent.

Concur: Judges JONES, WACHTLER, FUCHSBERG and COOKE. Chief Judge BREITEL and Judges JASEN and GABRIELLI dissent and vote to reverse on the dissenting memorandum at the Appellate Division.

Order affirmed, without costs, on the memorandum at the Appellate...

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