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MATTER OF ZOBRIST v. SMITH

54 A.D.2d 1071 (1976)

In the Matter of Rodney L. Zobrist, Respondent, v. Harold J. Smith, as Superintendent of The Attica Correctional Facility, et al., Appellants

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

November 5, 1976

Judgment unanimously reversed, on the law, without costs, and petition dismissed.

Memorandum:

Petitioner was conditionally released from Attica Correctional Facility on February 28, 1974. He was declared delinquent by the Board of Parole on June 3, 1974. He was arrested on a new charge in Pennsylvania on June 7, 1974. He remained in a Pennsylvania jail awaiting disposition of that charge and on October 10, 1974 he was sentenced to a term of six months to one...

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