MATTER OF LEGAL AID BUREAU OF BUFFALO, INC. v. ARMER


74 A.D.2d 737 (1980)

In the Matter of The Legal Aid Bureau of Buffalo, Inc., Petitioner, v. Leon N. Armer, as Judge of The Court of Claims Assigned to the Supreme Court, Respondent

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

February 20, 1980


Petition unanimously granted, without costs, in accordance with the following memorandum: This article 78 proceeding in the nature of mandamus seeks to compel the respondent (sentencing Judge) to release presentence reports of James Russell and Pedro Legall for examination by appellate counsel and for use on a Parole Board hearing respectively. In declining the requests the sentencing court said, "I lost jurisdiction when the defendant was taken into the custody of the Department...

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