PEOPLE EX REL. FRIEDRICH v. SMITH


106 A.D.2d 911 (1984)

The People of the State of New York ex rel. David E. Friedrich, Respondent, v. Harold J. Smith, as Superintendent of Attica Correctional Facility, et al., Appellants

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

December 14, 1984


Judgment unanimously reversed, and petition dismissed, in accordance with the following memorandum: Special Term erred in setting aside the determination at the superintendent's proceeding which found that petitioner was guilty of violating a prison rule prohibiting escape. Petitioner, while serving an indeterminate term with a maximum of 10 years, escaped from the Albion Correctional Facility on September 16, 1975. An unusual incident report was prepared the following day...

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