MATTER OF VOGLER v. SMITH


64 A.D.2d 824 (1978)

In the Matter of John A. Vogler, Respondent, v. Harold J. Smith, as Superintendent of The Attica Correctional Facility, Appellant

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

July 13, 1978


Judgment unanimously reversed, without costs, and petition dismissed.

Memorandum:

In June, 1975 respondent was sentenced as a youthful offender to an indefinite term of imprisonment having a maximum of four years. On November 30, 1976 he escaped. He was captured the next day and held in the local jail and on February 8, 1977 he pleaded guilty to escape and was sentenced to one year to be served concurrently with his existing sentence. He remained in the local...

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