Majority
p. 730The People of the State of New York ex rel. Fred Schmidt, Appellant, v J. Edwin La Vallee, as Superintendent of Clinton Correctional Facility, Respondent.
Judgment, Supreme Court, Clinton County, entered on June 12, 1974, affirmed, without costs. No opinion. Kane, Main, Larkin and Reynolds, JJ., concur; Sweeney, J. P., dissents and votes to reverse in the following memorandum. Sweeney, J. P. (dissenting). I adhere to my position in Matter of Mullins v State Bd. of Parole ( 43 AD2d 382 , 383, app dsmd as moot 35 NY2d 992 ) and, therefore, dissent and vote to reverse.
Cases cited
- Claim of Mullins v. State Board of Parole 43 AD2d 382 at 383 p. 730
- Claim of Mullins v. State Board of Parole 35 NY2d 992 p. 730