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MTR OF RUSSO v. BD OF PAROLE

69 A.D.2d 520 (1979)

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

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

August 6, 1979

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (George D. Zuckerman and Charles A. Bradley of counsel), for appellant.

Warren S. Replansky and Daniel J. Steinbock for respondent.

Leon B. Polsky (Malvine Nathanson of counsel), for the Legal Aid Society, amicus curiae.

DAMIANI, J. P., SUOZZI, MARGETT and MANGANO, JJ., concur.

Per Curiam.

The New York State Board of Parole appeals from a judgment of the Supreme Court, Orange County, which (1) annulled its determination setting the petitioner's minimum period of imprisonment at a length greater than one third of his maximum sentence which had been imposed after trial; and (2) remanded the matter to the board for a new hearing at which the board was to set the minimum period of imprisonment...

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