The following excerpt is from May v. Shaw, 399 N.Y.S.2d 983, 92 Misc.2d 140 (N.Y. Sup. Ct. 1977):
In Picconi v. Lowery, 36 N.Y.2d 221, 366 N.Y.S.2d 631, 326 N.E.2d 300, the court held 77 inapplicable because the petitioner therein had not been reinstated (as the petitioner herein). Only the measure of that petitioner's punishment had been considered and reduced by the court in Picconi.
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