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PEO VAN FOSSEN v. DILLON

72 A.D.2d 166 (1980)

The People of the State of New York ex rel. Glenn E. Van Fossen, Appellant, v. John C. Dillon, as Sheriff of Onondaga County, et al., Respondents

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

January 24, 1980

Attorney(s) appearing for the Case

Karl Rice for appellant.

Robert Abrams, Attorney-General (Anne Meadvin of counsel), for Edward Hammock, respondent.

HANCOCK, JR., J. P., SCHNEPP, DOERR and WITMER, JJ., concur.

CALLAHAN, J.

Petitioner was conditionally released from prison in April, 1978 after serving three years of an indeterminate sentence having a minimum of two and one-half years and a maximum of five years. One of the conditions of petitioner's conditional release on parole was that he "avoid the excessive use of alcoholic beverages" and, if so directed by his Parole Board or his parole officer, he would "abstain...

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