PEO EX REL SPINKS v. HARRIS


101 Misc.2d 185 (1979)

The People of the State of New York ex rel. James Henry Spinks, Relator, v. David R. Harris, as Superintendent of Green Haven Correctional Facility, Respondent.

Supreme Court, Special Term, Dutchess County.

October 1, 1979.


Attorney(s) appearing for the Case

Richard C. Schisler for relator. Robert Abrams, Attorney-General (John Zenir of counsel), for respondent.


JOSEPH D. QUINN, JR., J.

At issue in this habeas corpus proceeding, in which relator seeks release from confinement and reinstatement to parole, is whether the Correction Department, upon discovering that a paroled inmate's release was predicated upon an erroneous calculation of eligibility which it had furnished to the Board of Parole, may lawfully arrest the released inmate without warrant and confine him to State prison until service of minimum time...

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