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MATTER OF MARSHALL v. SMITH

49 A.D.2d 808 (1975)

In the Matter of Curtiss C. Marshall, Appellant, v. Harold J. Smith, as Superintendent of The Attica Correctional Facility, Respondent

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

September 24, 1975

Judgment unanimously affirmed.

Memorandum:

Relator was paroled to New York from Florida in 1969 and subsequently arrested in Buffalo in 1970 charged with several felonies. As a result the Florida Probation and Parole Commission issued a parole warrant against him. Thereafter, he received an indeterminate 10-year sentence and is presently confined in Attica Correctional Facility. The principal question on this appeal from a denial of article 78 relief is: Does...

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