PEOPLE EX REL. BARNES v. WARDEN


75 Misc.2d 291 (1973)

The People of the State of New York ex rel. William Barnes, Relator, v. Warden of the Penitentiary of the City of New York, Rikers Island, Respondent.

Supreme Court, Trial Term, Bronx County.

August 3, 1973


Attorney(s) appearing for the Case

Robert Kasanof and Joseph Alan Kaplan for relator. Mario Merola, District Attorney (Allen P. Karen of counsel), for respondent.


JOSEPH P. SULLIVAN, J.

Relator challenges the legality of his detention on a sentence imposed upon his conviction of an attempt to commit the crime of bail jumping in the second degree (Penal Law, § 215.56) on the grounds of the untimeliness of the commencement of the prosecution of the criminal action upon which he was convicted.

The facts are relatively simple. The prosecution under scrutiny was...

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