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MTR OF KING v. DIV. OF PAROLE

190 A.D.2d 423 (1993)

In the Matter of Darryl King, Respondent, v. New York State Division of Parole, Appellant

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

June 3, 1993

Attorney(s) appearing for the Case

Charles C. Davis, Jr., of counsel, New York City (Kathie A. Whipple and Susan A. Winston with him on the brief; Robert Abrams, Attorney-General, attorney), for appellant.

Myron Beldock of counsel, New York City (Daniel M. Kummer with him on the brief; Beldock Levine & Hoffman, attorneys), for respondent.

Lysaght, Lysaght & Kramer, P. C., Lake Success (John J. Maquire of counsel), amicus curiae.

SULLIVAN, J. P., CARRO, ELLERIN and WALLACH, JJ., concur.

Per Curiam.

Petitioner has been a prison inmate for 22 years, following his conviction, in May 1971, upon a jury verdict, of murder, manslaughter in the second degree, attempted robbery in the first degree, assault in the first degree and possession of a dangerous weapon. The charges arose out of the shooting death of an off-duty police officer during the robbery of a fast food restaurant by two men on May 25, 1970. Petitioner...

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