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PEOPLE EX REL. POOLE v. CASSCLES

37 A.D.2d 575 (1971)

The People of the State of New York ex rel. Robert Poole, Appellant, v. J. Leland Casscles, as Superintendent of The Ossining Correctional Facility, Respondent

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

June 1, 1971

Judgment affirmed, without costs.

No opinion.

Gulotta, J., dissents and votes to reverse the judgment and to credit relator with the jail time in question, with the following memorandum, in which Christ, J., concurs:

Section 487 of the Code of Criminal Procedure requires that, upon sentencing, a prisoner be delivered "forthwith" to the proper officer to begin execution of sentence. Relator was arrested and indicted in Suffolk County in...

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