MATTER OF DEER v. MANCUSI


35 A.D.2d 907 (1970)

In the Matter of Thomas J. Deer, Appellant, v. Vincent R. Mancusi, as Warden of Attica State Prison, Respondent

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

November 5, 1970


Judgment unanimously affirmed.

Memorandum:

In affirming we do not reach or pass upon the merits of the basic issue decided by Special Term. That issue was the amount of jail time which should "become and be calculated as a part of the term of the sentence imposed upon him" (Penal Law, § 2193). In addition appellant sought to examine certain named State officials in an attempt to resolve the issue. We agree with the preliminary observation of Special Term...

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