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PEOPLE EX REL. WALSH v. VINCENT

40 N.Y.2d 1049 (1976)

The People of the State of New York ex rel. Michael Walsh, Respondent, v. Leon J. Vincent, as Superintendent of the Green Haven Correctional Facility, Appellant.

Court of Appeals of the State of New York.

Decided December 28, 1976.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Carl Saks and Samuel A. Hirshowitz of counsel), for appellant.

Norman S. Hatt, James J. McDonough and Matthew Muraskin for respondent.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER and FUCHSBERG concur in Per Curiam opinion; Judge JASEN dissents and votes to reverse in a separate opinion; Judge COOKE dissents and votes to reverse (see Moody v Daggett, ).

Per Curiam.

Matter of Beattie v New York State Bd. of Parole (39 N.Y.2d 445) is all but dispositive of every aspect of this case. The one difference which remains is that relator in this case was, at the applicable times, still lodged in a local correctional facility, while in the Beattie case the petitioner had been physically lodged in a State facility although held...

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