MIDDLETON v. STATE


49 A.D.2d 989 (1975)

Charles Middleton, Respondent, v. State of New York, Appellant. (Claim No. 58534.)

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

October 30, 1975


In connection with an action for false imprisonment, claiming he was not given credit for presentence jail time and, as a result thereof, was forced to spend extra time in prison, claimant brought a motion for discovery and inspection pursuant to CPLR 3101 and 3120. The court granted the motion in full, including claimant's parole board reports and probation reports, excluding, however, any privileged information contained in such records and reports. From that order the...

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