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DUBAY v. LE FEVRE

60 A.D.2d 263 (1977)

In the Matter of Almond Dubay, Appellant, v. Eugene S. Le Fevre, as Superintendent of Clinton Correctional Facility, et al., Respondents

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

December 29, 1977

Attorney(s) appearing for the Case

John Dee for appellant.

Louis J. Lefkowitz, Attorney-General (Jean M. Coon and Henderson G. Riggs of counsel), for respondents.

KOREMAN, P. J., GREENBLOTT, MAIN and MIKOLL, JJ., concur.

HERLIHY, J.

On February 15, 1965, the petitioner was sentenced as a second felony offender to an indeterminate term of imprisonment having a maximum of 15 years. He was paroled on that sentence in December of 1969.

On December 7, 1974 he was arrested on charges of sexual abuse and while in the Warren County Jail he was given a notice of violation of parole and waived his right to a preliminary parole...

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