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MTR. OF TRIPPE v. HAMMOCK

103 Misc.2d 282 (1980)

In the Matter of Frederick Trippe, Petitioner, v. Edward R. Hammock, as Chairman of the New York State Division of Parole, et al., Respondents.

Supreme Court, Dutchess County.

February 25, 1980.

Attorney(s) appearing for the Case

Alice O. Mann for petitioner. Robert Abrams, Attorney-General (John Zenir of counsel), for respondents.

RAYMOND E. ALDRICH, JR., J.

Petitioner, by CPLR article 78 proceeding, seeks a judgment requiring respondents to recompute his jail time to include a credit of 184 days against the minimum term of his sentence, contending that the provisions of chapter 648 of the Laws of 1979 amending subdivision 3 of section 70.30 of the Penal Law should be applied retroactively. Petitioner was sentenced on October 14, 1977, and received by the Department of Correctional...

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