PEOPLE EX REL. FERNANDEZ v. METZ


59 A.D.2d 590 (1977)

The People of the State of New York ex rel. Eddie Fernandez, Respondent, v. Paul W. Metz, as Superintendent of Great Meadow Correctional Facility, Appellant

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

August 4, 1977


The petitioner, upon a conviction of burglary in the third degree, was sentenced on December 19, 1974 to an indeterminate term of imprisonment not to exceed three years. Upon the appellant's failure to hold the hearing required by the judgment appealed from herein, the petitioner was released on parole on September 1, 1976. Even if petitioner had not been paroled as aforesaid, he was subject to conditional release on October 25, 1976. In our

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