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MATTER OF SCHWIMMER v. HAMMOCK

59 N.Y.2d 636 (1983)

In the Matter of Leon Schwimmer, Respondent, v. Edward Hammock, as Chairman of the New York State Board of Parole, Appellant.

Court of Appeals of the State of New York.

Decided April 28, 1983.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Grace A. Brannigan, Peter H. Schiff, Gerald Ryan and Bridget E. Farrell of counsel), for appellant.

Barry J. Teller for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, the determination of the Board of Parole reinstated, and the petition dismissed.

Petitioner was convicted of grand larceny in the second degree and was sentenced on January 16, 1980, to an indeterminate period of zero to three years in prison. The sentencing court did not set a minimum period of incarceration (MPI). Under the law in...

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