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MATTER OF WHITTAKER v. SMITH

51 A.D.2d 858 (1976)

In the Matter of Carlton Whittaker, Respondent, v. Harold J. Smith, as Superintendent of The Attica Correctional Facility, Appellant

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

February 13, 1976

Judgment and order unanimously reversed and petition dismissed.

Memorandum:

Petitioner is serving a four-year indeterminate sentence in Attica Correctional Facility upon a plea of guilty to attempted burglary, third degree. Subsequent to the imposition of such sentence and on the same day, October 19, 1973, petitioner was given a one-year definite term sentence on a misdemeanor conviction for criminal trespass, such sentence to run consecutively to the previously...

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