PEOPLE EX REL. FITZGERALD v. CASSCLES


35 A.D.2d 837 (1970)

The People of the State of New York ex rel. Eugene Fitzgerald, Appellant, v. John L. Casscles, as Warden of Sing Sing Prison, Respondent

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

November 23, 1970


Judgment affirmed, without costs.

No opinion.

Christ, P. J., and Hopkins, J., dissent and vote to reverse the judgment and to remand the proceeding to the Special Term, with direction (1) to join or permit joinder of such party or parties as may be necessary to effect correction of the commitment papers and (2) to grant credit to relator for the period December 6, 1966 to January 22, 1967, in accordance with the following memorandum: During the stated period...

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