PEOPLE EX REL. DeFLUMER v. STRACK


212 A.D.2d 555 (1995)

623 N.Y.S.2d 1

The People of the State of New York ex rel. Carl Deflumer, Jr., Respondent, v. Wayne Strack, as Superintendent, Appellant

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

February 6, 1995


Ordered that the judgment is reversed and the proceeding is dismissed, without costs or disbursements.

The petitioner was conditionally released on September 9, 1994, subject to written special conditions (see, Executive Law §§ 259-g, 259-c; 9 NYCRR part 8003; Penal Law § 70.40). Those conditions included a requirement that he reside in an approved residence, specifically, the home of his sister in Glenmont, New York. However, on the morning...

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