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PEOPLE EX REL. SPINKS v. HARRIS

53 N.Y.2d 784 (1981)

The People of the State of New York ex rel. James Henry Spinks, Appellant, v. David R. Harris, as Superintendent of Green Haven Correctional Facility, Respondent.

Court of Appeals of the State of New York.

Decided April 9, 1981.

Attorney(s) appearing for the Case

Richard C. Schisler for appellant.

Robert Abrams, Attorney-General (Burton Herman and Shirley Adelson Siegel of counsel), for respondent.

Chief Judge COOKE and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur; Judge JASEN dissents and votes to affirm in an opinion.

MEMORANDUM.

The order of the Appellate Division should be reversed and the application for a writ of habeas corpus granted.

On August 26, 1978 relator was released from custody pursuant to an order of the Board of Parole. Release on that date was consistent with a certification made by the Department of Correctional Services that at that time relator would have completed service of his minimum term. Subsequently,...

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