People ex rel. Friedrich v. Smith

Judgment unanimously reversed, and petition dismissed, in accordance with the following memorandum: Special Term erred in setting aside the determination at the superintendent’s proceeding which found that petitioner was guilty of violating a prison rule prohibiting escape. Petitioner, while serving an indeterminate term with a maximum of 10 years, escaped from the Albion Correctional Facility on September 16, 1975. An unusual incident report was prepared the following day. Petitioner was apprehended by Federal authorities on February 6, 1976 and held in Federal custody until April 29,1983.…