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ROSSETTI v. HAMMOCK

102 Misc.2d 315 (1979)

Michael Rossetti, Petitioner, v. Edward Hammock, as Commissioner of the New York State Board of Parole, Respondent.

Supreme Court, Special Term, Albany County.

November 13, 1979.

Attorney(s) appearing for the Case

Michael Rossetti, petitioner pro se. Robert Abrams, Attorney-General (Mary E. Bisantz of counsel), for respondent.

ROGER J. MINER, J.

Petitioner brings this proceeding pursuant to CPLR article 78 to review a determination fixing his minimum period of imprisonment (MPI) at 30 months. He is serving an indeterminate sentence not to exceed 66 months, having been convicted of the crime of robbery in the second degree in the County Court, Onondaga County. Petitioner contends "that the Board of Parole could not set the minimum period of incarceration of a defendant sentenced...

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