PEOPLE EX REL. HARRISON v. SMITH


55 A.D.2d 1013 (1977)

The People of the State of New York ex rel. Edward G. Harrison, 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.

January 14, 1977


Judgments unanimously reversed and petition dismissed, without costs.

Memorandum:

Relator was convicted of two counts of robbery, second degree, as a second felony offender, in 1966 and sentenced to concurrent terms of 12 to 20 years imprisonment. He was paroled on March 27, 1974 and received permission to go to Virginia to live. While in Virginia he was arrested in May, 1975 and later pleaded guilty to the misdemeanors of attempted rape and aggravated assault...

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