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MATTER OF CARNEY v. STATE CORR. DEPT.

198 Misc. 554 (1950)

In the Matter of Franklin A. Carney, Petitioner, v. New York State Department of Correction, by Walter B. Martin, as Warden of Attica Prison, Respondent.

Supreme Court, Special Term, Wyoming County.

November 2, 1950.

Attorney(s) appearing for the Case

Franklin A. Carney, petitioner in person.

Nathaniel L. Goldstein, Attorney-General (Emil L. Cohen of counsel), for respondent.

VANDERMEULEN, J.

On the 11th day of February, 1931, the petitioner was sentenced by the Bronx County Court to serve an indeterminate term of from fifteen to twenty years in prison, with a jail credit allowance of forty-one days. On September 21, 1939, the petitioner was released on parole. He was declared delinquent on April 9, 1941.

On September 17, 1941, he was arrested by the police department of the...

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