PEOPLE EX REL. PETTAWAY v. ZELKER


70 Misc.2d 997 (1971)

The People of the State of New York ex rel. General Pettaway, Relator, v. John L. Zelker, as Superintendent of Green Haven Correctional Facility, Respondent.

Supreme Court, Dutchess County.

December 14, 1971


Attorney(s) appearing for the Case

David S. Goodman for relator. Louis J. Lefkowitz, Attorney-General (John Zenir of counsel), for respondent.


LEONARD RUBENFELD, J.

The relator in this habeas corpus proceeding contends that his 1970 sentence to the Narcotic Addiction Control Commission (NACC) has been unlawfully interrupted and that he is entitled to credit, on a prior felony sentence imposed in 1968, for time spent in the custody of the NACC.

The relator was convicted of robbery in the third degree and sentenced in June of 1968 to imprisonment...

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