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PEO EX REL STRACCI v. WARDEN

72 A.D.2d 393 (1980)

The People of the State of New York ex rel. Joseph Thomas Stracci, Appellant, v. Warden of the New York City House of Detention for Men et al., Respondents

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

February 7, 1980

Attorney(s) appearing for the Case

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

Burton Herman of counsel (Gerald J. Ryan with him on the brief; Robert Abrams, Attorney-General, attorney), for respondents.

BIRNS, J. P., MARKEWICH, LUPIANO and ROSS, JJ., concur.

FEIN, J.

This is an appeal from the dismissal of petitioner's application for a writ of habeas corpus releasing petitioner from the custody of the Warden of the Men's House of Detention.

Petitioner was sentenced to 10 to 20 years imprisonment in 1958 upon conviction for third degree robbery in Queens. He was released on parole on September 14, 1971. During the next three years he reported regularly to his parole officer, but in late 1974 he sought...

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