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PEOPLE (CAPALONGO) v. HOWARD

87 A.D.2d 242 (1982)

The People of the State of New York ex rel. Henry V. Capalongo, III, Appellant, v. Robert L. Howard, as Sheriff of The County of Tompkins, Respondent

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

June 10, 1982

Attorney(s) appearing for the Case

Raymond M. Schlather for appellant.

Benjamin J. Bucko, District Attorney (Robert C. Mulvey of counsel), for respondent.

MAHONEY, P. J., SWEENEY, KANE and LEVINE, JJ., concur.

WEISS, J.

The pertinent facts are essentially undisputed. In February, 1979, petitioner was arrested in Tompkins County for armed robbery. On the basis of a Bench warrant dated May 26, 1978, charging petitioner with a violation of probation and issued by the State of Maryland before the Tompkins County arrest, a detainer was lodged with the Tompkins County Sheriff. Petitioner entered a plea of guilty to attempted robbery in the second degree, and on November...

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