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POWELL v. MALCOLM

44 A.D.2d 65 (1974)

John Powell, Appellant, v. Benjamin J. Malcolm, as Commissioner of The New York City Department of Correction, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

March 19, 1974.

Attorney(s) appearing for the Case

Peggy C. Davis of counsel (Ann Wagner, attorney), for appellant.

Susan S. Belkin of counsel (Stanley Buchsbaum with her on the brief; Norman Redlich, Corporation Counsel), for Commissioner, New York City Department of Correction, respondent.

David R. Spiegel of counsel (Samuel A. Hirshowitz with him on the brief; Louis J. Lefkowitz, Attorney-General), for Russell G. Oswald and another, respondents.

MARKEWICH, J. P., NUNEZ, KUPFERMAN and TILZER, JJ., concur.

MURPHY, J.

Petitioner appeals from a judgment dismissing his article 78 proceeding, in the nature of mandamus, to compel respondents to credit him with the proper amount of presentence incarceration time.

In connection with Indictment No. 4085/67, petitioner was incarcerated by the New York City Department of Correction from November 3, 1967 to February 18, 1968 (108 days), when he was released on bail...

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