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MATTER OF SPEED v. REGAN

42 N.Y.2d 1087 (1977)

In the Matter of Marshall R. Speed, Appellant-Respondent, v. Paul J. Regan, as Chairman of the New York State Board of Parole, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided October 18, 1977.

Attorney(s) appearing for the Case

Nathaniel A. Barrell and Charles D. Halvorsen for appellant.

Louis J. Lefkowitz, Attorney-General (Frederick R. Walsh and Jean M. Coon of counsel), for respondent-appellant.

Concur: Judges GABRIELLI, JONES, WACHTLER and FUCHSBERG. Judge COOKE dissents in part and votes to modify in an opinion in which Chief Judges BREITEL and Judge JASEN concur.

Order affirmed, without costs, for the reasons stated in the memorandum at the Appellate Division (50 A.D.2d 1100).

COOKE, J. (dissenting in part).

I dissent in part and vote for modification of the order of the Appellate Division, by deleting that part thereof which held petitioner entitled to the reasons for the establishment of his minimum period of imprisonment and by ordering a dismissal of the petition...

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