SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT
May 9, 1969
THE PEOPLE OF THE STATE OF NEW YORK EX REL. JAMES JENKINS, APPELLANT,
DANIEL MCMANN, AS WARDEN OF CLINTON PRISON, RESPONDENT
Gibson, P. J., Herlihy, Reynolds, Aulisi and Cooke, JJ., concur.
Motion to dismiss appeal granted, without costs, unless appellant shall, on or before July 3, 1969, surrender himself to the New York State Board of Parole and submit himself to the jurisdiction of the court, in which event motion denied. (See People v. Del Rio, 14 N.Y.2d 165, 169, cert. den. 379 U.S. 939; People ex rel. Erhardt v. Foster, 299 N. Y. 628; People ex rel. Hamilton v. Police Comr. City of New York, 185 N. Y. 594.)
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