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PEO EX REL KING v. BD OF PAROLE

65 A.D.2d 465 (1979)

The People of the State of New York ex rel. Gary King by Steve Sandler, Appellant, v. New York State Board of Parole et al., Respondents

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

January 9, 1979

Attorney(s) appearing for the Case

Steve Sandler of counsel (William E. Hellerstein and Donald H. Zuckerman, attorneys), for appellant.

Stephen Marcus of counsel (Samuel A. Hirshowitz with him on the brief; Louis J. Lefkowitz, Attorney-General), for respondents.

LUPIANO, EVANS and SULLIVAN, JJ., concur with LANE, J.; MURPHY, P. J., dissents in an opinion.

LANE, J.

The facts in this case are undisputed. Gary King was released on parole on November 5, 1976 after having been previously sentenced to two concurrent terms of one-year-to-life imprisonment for criminal sale of a controlled substance in the third degree, a class A-III felony.

On October 10, 1977, King was arrested for possession of heroin. Defendant was...

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