PEO. EX REL. DOWDY v. SMITH


65 A.D.2d 285 (1978)

The People of the State of New York ex rel. Edward Dowdy, Respondent, v. Harold J. Smith, as Superintendent of Attica Correctional Facility, et al., Appellants

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

December 15, 1978


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Kenneth Graber of counsel), for appellants.

Donald H. Zuckerman for respondent.

CARDAMONE, J. P., DILLON, SCHNEPP and WITMER, JJ., concur.


HANCOCK, JR., J.

In February, 1978 relator was acquitted of several counts of unlawfully and knowingly selling and possessing heroin, after a jury trial in which he had asserted entrapment as an affirmative defense. Following a parole revocation hearing on March 28, 1978 the Parole Board found relator guilty of parole violations and revoked his parole for the conduct underlying the criminal charges. Special Term...

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