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PEOPLE v. PAGAN

84 Misc.2d 565 (1975)

The People of the State of New York, Plaintiff, v. Julio Pagan, Defendant.

Supreme Court, Criminal Term, Kings County.

December 8, 1975

Attorney(s) appearing for the Case

William J. Gallagher and John James Dockry for defendant. Eugene Gold, District Attorney (Robert Dublirer of counsel), for plaintiff.

JOSEPH R. CORSO, J.

The defendant moves to dismiss the indictment on the ground that any conviction would be jurisdictionally defective because the defendant, who is a Federal prisoner, has been presented to the court in violation of his constitutional rights under the Interstate Agreement on Detainers (codified in New York as CPL 580.20).

The preliminary facts are not in dispute. On November 27, 1973...

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