PEOPLE EX REL. PORTER v. SMITH


71 A.D.2d 1056 (1979)

The People of the State of New York ex rel. Andrew C. Porter, Appellant, v. Harold J. Smith, as Superintendent of The Attica Correctional Facility, Respondent

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

September 28, 1979


Judgment unanimously reversed, and matter remitted to the Parole Board for further proceedings in accordance with the following memorandum: On March 9, 1978, three months after his release on parole, relator voluntarily admitted himself to the Rochester Psychiatric Center for treatment. As a result of incidents where he struck male nurses, attacking one in an attempt to secure keys with which to escape, a parole violation warrant was filed charging that relator had violated...

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