MATTER OF SPARAGO v. NEW YORK STATE BD. OF PAROLE


71 N.Y.2d 943 (1988)

In the Matter of Anthony Sparago, Appellant, v. New York State Board of Parole et al., Respondents.

Court of Appeals of the State of New York.

Decided April 26, 1988.


Attorney(s) appearing for the Case

Alice O. Mann, Robert Selcov and David C. Leven for appellant.

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

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


MEMORANDUM.

The order of the Appellate Division should be modified, with costs, and the proceeding remitted to Supreme Court with direction to remand to respondents for recomputation of the time calculations in accordance with this memorandum.

In 1984, while paroled from consecutive sentences imposed in 1980, petitioner was arrested for burglary. He was later convicted of the charges and sentenced to a 3-to-6-year...

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