PEOPLE EX REL. ALLEN v. DALSHEIM


48 N.Y.2d 971 (1979)

The People of the State of New York ex rel. Michael Allen, Respondent, v. Stephen Dalsheim, as Superintendent of the Ossining Correctional Facility, Appellant.

Court of Appeals of the State of New York.

Decided December 19, 1979.


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Gerry E. Feinberg and Samuel A. Hirshowitz of counsel), for appellant.

Respondant precluded.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.


MEMORANDUM.

The appeal should be dismissed.

Respondent was sentenced in 1975 to serve a maximum term of four years, with an expiration date of August 28, 1978. While on parole, he was declared a delinquent and was not returned to custody until more than four months later. A final parole revocation hearing not having been held promptly, however, the Appellate Division ordered that respondent's petition for a writ of...

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