Legal Opinion

Suitor v. State

New York Court of Claims

Decided January 31, 1985No. Claim No. 68141Published

1Opinion of the Court

OPINION OF THE COURT

Donald J. Corbett, Jr., J.

Claimant brings this timely filed unassigned claim against the State of New York for having failed to release him from Attica Correctional Facility (Attica) upon his conditional release date. (Penal Law § 70.40 [1] [b].) Claimant contends, without significant dispute, that he remained incarcerated for some 42 days beyond the date upon which he should have been released.

In July 1978 claimant, while being represented by private counsel, was convicted by a jury in Niagara County Court of two counts of criminal possession of stolen property in the…

2Cases cited15 opinions

  1. Broughton v. StateNew York Court of Appeals · 1975
  2. Russo v. New York State Board of ParoleNew York Court of Appeals · 1980
  3. Nuernberger v. State of NYNew York Court of Appeals · 1976
  4. Middleton v. StateAppellate Division of the Supreme Court of the State of New York · 1976
  5. Middleton v. StateNew York Court of Appeals · 1977

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