Foster v. Smith

Judgment unanimously reversed, on the law, and petition dismissed, without costs. Memorandum: Petitioner-respondent Arthur Foster was released on parole from the Attica Correctional Facility in early 1974. On December 30, 1975 he was returned to the facility as a parole violator with seven months and two days remaining to serve on his maximum term. He appeared before the parole board and was ordered held until his maximum expiration date. The State, relying on subdivision 5 of section 803 of the Correction Law which provides that a parole violator returned with less than one year remaining on…