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PEOPLE v. BD. OF PAROLE

97 A.D.2d 128 (1983)

The People of the State of New York ex rel. Paula Herbert, Respondent-Appellant, v. New York State Board of Parole et al., Appellants-Respondents

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

November 22, 1983

Attorney(s) appearing for the Case

Barbara L. Linzer of counsel (Melvyn R. Leventhal, Gerald J. Ryan and Bridget E. Farrell with her on the brief; Robert Abrams, Attorney-General, attorney), for appellants-respondents.

Richard E. Greenberg of counsel (William E. Hellerstein and Roger Brazill, attorneys), for respondent-appellant.

ROSS, J. P., ASCH and KASSAL, JJ., concur with MILONAS, J.; CARRO, J., dissents for the reasons stated by ATLAS, J.

MILONAS, J.

In 1966 when petitioner Paula Herbert was 15 years old, she dropped out of school and left her home for a life on the streets. She soon became addicted to drugs and subsequently gave birth out of wedlock to two children, the first in 1969 and the second in late 1970, both of whom are presently in foster care. Petitioner was arrested for the first time in February of 1971 and accused of criminal possession...

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