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PEOPLE v. McBRIDE

44 N.Y.2d 1001 (1978)

The People of the State of New York, Respondent, v. Carl McBride, Appellant.

Court of Appeals of the State of New York.

Decided July 6, 1978.

Attorney(s) appearing for the Case

Donald S. Hillman and William E. Hellerstein for appellant.

John J. Santucci, District Attorney (William Schrager of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed and the indictment dismissed.

Defendant was indicted for forgery and related offenses. Because he was in Federal custody on an unrelated conviction at the time, a detainer was lodged against him by New York authorities. In an effort to obtain an immediate trial, defendant claims that, pursuant to CPL 580.20 ("Interstate Agreement on Detainers"), he...

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