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PEOPLE EX REL. DUNNE v. JONES

77 A.D.2d 729 (1980)

The People of the State of New York ex rel. Kevin Dunne, Appellant, v. Everett W. Jones, as Superintendent of The Great Meadow Correctional Facility, et al., Respondents

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

July 17, 1980

In this habeas corpus proceeding, petitioner contends that pursuant to the dismissal-acquittal paragraph of subdivision 3 of section 70.30 of the Penal Law, he is entitled to apply the time he spent in custody on the attempted sexual abuse charge as a credit against the weapon possession sentence he is now serving. We disagree. The dismissal-acquittal paragraph of subdivision 3 of section 70.30 provides: "In any case where a person has been in custody due to a charge that...

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