BOUTELLE v. NYS BD OF PAROLE


53 A.D.2d 397 (1976)

In the Matter of Frederick Boutelle, Appellant, v. New York State Board of Parole et al., Respondents

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

July 29, 1976


Attorney(s) appearing for the Case

Laura Zeisel for appellant.

Louis J. Lefkowitz, Attorney-General (Frederick R. Walsh and Ruth Kessler Toch of counsel), for respondents.

GREENBLOTT, J. P., SWEENEY, LARKIN and REYNOLDS, JJ., concur.


MAIN, J.

On May 24, 1974, petitioner was sentenced to an indeterminate term of imprisonment not to exceed seven years upon his plea of guilty to the crime of robbery in the first degree. The sentencing court did not fix his minimum term of imprisonment, however, and when petitioner commenced serving his sentence on July 8, 1974, he had already spent 413 days in jail...

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