PEOPLE EX REL. ESCOBAR v. BANTUM


89 A.D.2d 524 (1982)

The People of the State of New York ex rel. Michael Escobar, v. Otis Bantum, Respondent

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

July 9, 1982


Notwithstanding respondent's failure to file papers in opposition to the writ petition, the record of proceedings makes it clear that all adjournments from arraignment on the indictment on December 15, 1981 until the bringing of the instant writ of habeas corpus on April 23, 1982 were declared by the Justice presiding on each occasion to be excludable (CPL 30.30, subd 4) in computing the time within which the incarcerated defendant must be released on bail or on his own recognizance...

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