Legal Opinion
People ex rel. Frisbie v. McEvoy
New York County Courts
Decided December 7, 1970PublishedCited by 1 opinion
1Opinion of the CourtRichard J. Shay, J.
In his application for a writ of habeas corpus, the petitioner challenged the constitutionality of the New York statutory procedures established in relation to conditional release from an indeterminate prison sentence.
Petitioner was sentenced on February 28, 1968, to an indeterminate term of imprisonment having a statutory minimum of one year and a maximum of three years. At the time of sentencing he had been in custody (jail) on the subject charge since October 31, 1967. On the face of the situation, his maximum release date would have been on or about October 29, 1970. *841(Penal Law, § 70.30,…
2Cases cited7 opinions
- Mempa v. RhaySupreme Court of the United States · 1967
- Joseph Menechino v. Russell G. Oswald, as Chairman of the New York State Board of Parole, New Yorkstate Board of ParoleCourt of Appeals for the Second Circuit · 1970
- Herbert E. Rose v. E. B. Haskins, SuperintendentCourt of Appeals for the Sixth Circuit · 1968
- Ray Earnest v. J. T. Willingham, Warden, United States Penitentiary, Leavenworth, KansasCourt of Appeals for the Tenth Circuit · 1969
- Robert E. Jones v. Hugh F. Rivers, Donald ClemmerCourt of Appeals for the Fourth Circuit · 1964
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