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PEOPLE EX REL WALLER v. WARDEN

88 Misc.2d 538 (1976)

The People of the State of New York ex rel. Ernest Waller, Petitioner, v. Warden, Queens House of Detention for Men, et al., Respondents.

Supreme Court, Criminal Term, Queens County.

September 27, 1976

Attorney(s) appearing for the Case

William E. Hellerstein and Sally Mendola for petitioner. Nicholas Ferraro, District Attorney, for Warden, Queens House of Detention for Men, respondent. W. Bernard Richland, Corporation Counsel (William T. Stathis of counsel), for New York City Department of Correction, respondent. Louis J. Lefkowitz, Attorney-General (Thomas R. McLoughlin of counsel), for New York State Department of Correctional Services, respondent.

PETER T. FARRELL, J.

Petitioner institutes this writ of habeas corpus seeking credit for an additional 190 days of jail time served.

Petitioner was arrested on September 10, 1973 in Queens County and he remained in custody under that charge until he was released on bail on November 5, 1973. He pleaded guilty to attempted burglary in the third degree and was sentenced on October 16, 1974 to an indeterminate...

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