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PEOPLE EX REL. BUTTS v. CASSCLES

38 A.D.2d 579 (1971)

The People of the State of New York ex rel. Richard Butts, Appellant, v. John L. Casscles, as Superintendent of The Ossining Correctional Facility, Respondent

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

December 13, 1971

Judgment affirmed, without costs.

No opinion. Relator's notice of appeal is hereby amended to show the correct date of entry of judgment as May 11, 1971 instead of April 22, 1971.

Shapiro, J., dissents and votes to modify the judgment so as to add a provision thereto that the dismissal of the writ is without prejudice to the institution of an appropriate different proceeding, with the following memorandum: Relator seeks to obtain credit for jail...

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