PEO EX REL NATHAN v. MALCOLM


89 Misc.2d 1057 (1976)

The People of the State of New York ex rel. Lorin B. Nathan, on Behalf of James Spinks, Petitioner, v. Benjamin J. Malcolm, as Commissioner of the Department of Correction of the City of New York, Respondent.

Supreme Court, New York County.

January 17, 1976


Attorney(s) appearing for the Case

William Gallagher and Lorin B. Nathan for petitioner. Robert Daly, Assistant Counsel of the New York City Department of Correction, for respondent.


ROBERT M. HAFT, J.

On January 18, 1973, the petitioner, under the name of Jack Deary, was sentenced to definite sentences of one year and 60 days, to be served consecutively. He was subsequently placed in a work release program, pursuant to article 28 of the Correction Law. On the day following his release, September 13, 1973, he absconded from the program.

On November 21, 1973, petitioner was arrested...

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