People ex rel. Cooper v. Smith

By this habeas corpus, the relator is contesting the validity of his present imprisonment, arguing that he was .removed from a work release program and returned to prison without due process.

He has been serving a seven-year sentence in Attica for robbery. In October of 1973 he was given a “ work release ” program to a halfway house in Rochester. Like parole, he was subject to various conditions. He had a steady job, employed in a factory as a grinder making $3.50 per hour, working days. At nights, he stayed at the halfway house. By his own petition, he admits that he had an argument with his…