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MTR OF ROGERS v. HAMMOCK

100 Misc.2d 280 (1979)

In the Matter of Derwin Rogers, Petitioner, v. Edward R. Hammock, as Chairman of the New York State Division of Parole, et al., Respondents.

Supreme Court, Special Term, Chemung County.

March 9, 1979

Attorney(s) appearing for the Case

Jason Karp for petitioner. Edward Knecht, Assistant Attorney-General, for respondents.

CHARLES B. SWARTWOOD, J.

On April 29, 1977, following a plea of guilty to second degree attempted murder, the petitioner was sentenced by the Supreme Court in Erie County to an indeterminate term of imprisonment with a maximum term of eight years. No minimum period of imprisonment was imposed by the court.

Because the sentencing court did not fix a minimum period of imprisonment, the petitioner appeared...

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