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PEOPLE EX REL. CORTEZ v. WILMOT

61 A.D.2d 1082 (1978)

The People of the State of New York ex rel. Rubin Cortez, Appellant, v. John Wilmot, as Superintendent of The Elmira Correctional Facility, Respondent

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

March 23, 1978

The issue is whether the New York State Board of Parole may add delinquent reformatory time to a subsequent maximum expiration date imposed for a crime committed while on parole. The Court of Appeals in Matter of Balmer v New York State Bd. of Parole (42 N.Y.2d 939) found that such an addition of reformatory time would violate a convict's right to due process. We reached a similar result in Matter of Dixon v Chairman, N. Y. State...

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