PEOPLE EX REL. MIDDLETON v. ZELKER


42 A.D.2d 998 (1973)

The People of the State of New York ex rel. Charles Middleton, Appellant, v. John L. Zelker, as Superintendent of Green Haven Correctional Facility, Respondent

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

October 29, 1973


Judgment reversed, on the law and in the interests of justice, and petition granted to the extent indicated herein, without costs.

On May 27, 1968 petitioner was arrested upon a Kings County charge and, while incarcerated there, a warrant issued on June 27, 1968 was filed against him by Westchester County authorities for an unrelated robbery. On April 30, 1969 he pleaded guilty to robbery in the third degree in satisfaction of the ensuing Kings County indictment....

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