PEOPLE EX REL. DAVIS v. HENDERSON


52 A.D.2d 1093 (1976)

The People of the State of New York ex rel. James Davis, Appellant, v. Robert J. Henderson, as Superintendent of Auburn Correctional Facility, Respondent. (And Another Proceeding.)

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

May 28, 1976


Judgment denying writ unanimously affirmed and petition dismissed; judgment dismissing article 78 proceeding unanimously reversed, without costs, and matter remitted to parole board for further proceedings in accordance with the following memorandum: Petitioner was sentenced on January 19, 1973 to a term of three to nine years to be served concurrently with a 5- to 10-year sentence. He is imprisoned in Auburn Correctional Facility. On May 13, 1975 he met with the parole board...

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