United States of America Ex Rel. Joe McGill v. Theodore Schubin, Warden, Ossining Correctional Facility

Joe McGill appeals from an order of the Southern District denying his petition for habeas corpus. On June 18, 1969, in the Supreme Court of New York County, appellant was convicted of the crime of criminal possession of a dangerous weapon and was sentenced to a four-year indeterminate term. After serving two years and eight months if his sentence, he was released from confinement on a conditional release, pursuant to New York Penal Law § 70.40. 1 Eleven months later, appellant violated a condition of his release and was returned to prison. Prior to his conditional release, the maximum…