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PEOPLE EX REL. MOORE v. SMITH

60 N.Y.2d 932 (1983)

The People of the State of New York ex rel. Clarence Moore, Appellant, v. Harold J. Smith, as Superintendent of Attica Correctional Facility, et al., Respondents.

Court of Appeals of the State of New York.

Decided November 29, 1983.

Attorney(s) appearing for the Case

Leigh E. Anderson and Norman P. Effman for appellant.

Robert Abrams, Attorney-General (Martin A. Hotvet and Peter H. Schiff of counsel), for respondents.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and KAYE concur; Judge SIMONS taking no part.

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, and the judgment of Supreme Court reinstated.

Relator instituted the present habeas corpus proceeding to challenge final revocation of his parole. Supreme Court granted the writ and ordered that he be restored to parole supervision on two grounds, namely, that it was error at the final parole...

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