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PEO SHARGEL v. COUGHLIN

105 Misc.2d 827 (1980)

The People of the State of New York ex rel. Gerald L. Shargel, on Behalf of Vincent Aloi, Petitioner, v. Thomas S. Coughlin, III, as Commissioner of Correctional Services, State of New York, et al., Respondents.

Supreme Court, New York County.

November 7, 1980.

Attorney(s) appearing for the Case

Gerald L. Shargel for petitioner. Robert M. Morgenthau, District Attorney (Robert M. Pitler of counsel), for respondents.

ROBERT M. HAFT, J.

On August 7, 1973, petitioner was convicted of perjury for falsely testifying during a Grand Jury investigation into the murder of Joey Gallo. He was sentenced to an indeterminate term of 2 1/3 to 7 years in State prison. Aloi was immediately incarcerated; shortly thereafter, however, he was granted a certificate of reasonable doubt and bail pending appeal. While out on bail and awaiting determination of that appeal, Aloi was tried...

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