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PEOPLE EX REL. BILOTTI v. WARDEN

42 A.D.2d 115 (1973)

The People of the State of New York ex rel. Anthony Bilotti, Appellant, v. Warden, New York City Correctional Institution for Men, Respondent

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

July 3, 1973.

Attorney(s) appearing for the Case

Joseph Alan Kaplan of counsel (David Lee Steinberg with him on the brief; Robert Kasanof, attorney), for appellant.

Susan S. Belkin of counsel (Stanley Buchsbaum with her on the brief; Norman Redlich, Corporation Counsel), for respondent.

MARKEWICH, J. P., LANE and STEUER, JJ., concur in Per Curiam opinion; KUPFERMAN and CAPOZZOLI, JJ., dissent in an opinion by CAPOZZOLI, J.

Per Curiam.

We believe the writ should have been sustained. On February 17, 1971, relator was sentenced to two consecutive one-year sentences. On August 11, 1971, after serving eight months on the first sentence, he was mistakenly released by the Warden. He was arrested on another charge and sentenced to four months' imprisonment on June 6, 1972. This sentence expired August 15, 1972. He was then held to serve the...

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