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MTR. OF WITTECK v. SUPT.

65 A.D.2d 249 (1979)

In the Matter of Robert Witteck, Respondent, v. Superintendent of Wallkill Correctional Facility et al., Appellants

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

January 4, 1979

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Frederick R. Walsh and Jean M. Coon of counsel), for appellants.

Joel P. Gorham for respondent.

STALEY, JR., MAIN and LARKIN, JJ., concur with GREENBLOTT, J.; MAHONEY, P. J., dissents and votes to affirm in an opinion.

GREENBLOTT, J.

On February 6, 1973 petitioner was paroled after serving four years, nine months and 12 days of a 20-year definite term of imprisonment imposed by a Florida court. On January 28, 1976 petitioner was sentenced by the Nassau County Court to two indeterminate terms of imprisonment (6-12 years and 3½-7 years) following his conviction of attempted robbery in the second degree. The court ordered...

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