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PEOPLE v. NYEMCHEK

67 A.D.2d 735 (1979)

The People of the State of New York, Respondent, v. Michael Nyemchek, Appellant

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

January 29, 1979

Judgment affirmed.

We have not passed upon defendant's claim that he is entitled to credit for time served from July 22, 1977 until November 30, 1977. Such relief would properly be sought by means of a CPLR article 78 proceeding (see People v Pugh, 51 A.D.2d 1047). Defendant's other points are without merit (see CPL 140.10, subd 3; People v Fudge, 58 A.D.2d 952; People ex rel...

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