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PEOPLE v. HENDERSON

20 N.Y.2d 303 (1967)

The People of the State of New York, Respondent, v. Tolbert Henderson, Appellant.

Court of Appeals of the State of New York.

Decided July 7, 1967.

Attorney(s) appearing for the Case

Lawrence N. Martin, Jr., for appellant.

Leonard Rubenfeld, District Attorney (James J. Duggan of counsel), for respondent.

Chief Judge FULD and Judges VAN VOORHIS, BERGAN and KEATING concur with Judge SCILEPPI; Judge BREITEL dissents and votes to reverse in an opinion in which Judge BURKE concurs.

SCILEPPI, J.

While defendant was serving time in Rikers Island Prison in New York City on another charge, the District Attorney of Westchester County filed informations charging him with forgery and petit larceny. The Police Justice Court of the Village of North Tarrytown accordingly issued warrants for defendant's arrest. These warrants were in turn lodged with the New York City Department of Correction which...

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