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PEOPLE (JULIO) v. WALTERS

88 A.D.2d 259 (1982)

The People of the State of New York ex rel. Marcelino Julio, Also Known as Julio Marcelino, Appellant, v. Wilson Walters, as Superintendent of The Ossining Correctional Facility, et al., Respondents

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

July 26, 1982

Attorney(s) appearing for the Case

William E. Hellerstein and Donald H. Zuckerman (Roger Brazill of counsel), for appellant.

Robert Abrams, Attorney-General (Burton Herman and Gerald J. Ryan of counsel), for respondents.

DAMIANI, J. P., MANGANO and GULOTTA, JJ., concur; GIBBONS, J., concurs insofar as the appeal from the judgment is dismissed, but otherwise dissents and votes to reverse the order, vacate the judgment and sustain the writ, with an opinion.

Per Curiam.

In April, 1964 the petitioner, Marcelino Julio, was convicted in the Supreme Court, New York County, of the crime of manslaughter in the first degree and was sentenced to imprisonment for an indeterminate term of 15 to 25 years.

On January 10, 1973 petitioner was paroled with a maximum expiration date of March 15, 1989.

On December 10, 1975, while in Puerto Rico with permission of his parole...

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