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MTR OF RUSSO v. BD OF PAROLE

98 Misc.2d 251 (1979)

In the Matter of Frank Russo, Petitioner, v. New York State Board of Parole, Respondent.

Supreme Court, Orange County.

February 16, 1979

Attorney(s) appearing for the Case

Warren S. Replansky, David Steinberg and Daniel J. Steinbock for petitioner. Robert Abrams, Attorney-General (Eugene P. O'Brien of counsel), for respondent.

JOHN W. SWEENY, J.

This is an article 78 proceeding in which petitioner seeks a judgment annulling the June 7, 1978 determination of respondent whereby petitioner's minimum period of incarceration before parole release consideration (MPI) was set at four years.

Petitioner's initial conviction of the crime of criminal conspiracy in the first degree was reversed upon appeal (People v Russo,

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