COUNTY OF ONONDAGA v. NEW YORK STATE DEP'T OF CORR. SERVS.


97 A.D.2d 957 (1983)

County of Onondaga et al., Respondents, v. New York State Department of Correctional Services et al., Appellants

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

November 4, 1983


Judgment unanimously reversed, without costs, and petition dismissed.

Memorandum:

CPL 430.20 (subd 1) requires that "[w]hen a sentence of imprisonment is pronounced * * * the defendant must forthwith be committed to the custody of the appropriate public servant and detained until the sentence is complied with" (see, also, CPL 430.30). It is equally clear, however, that the limitation contained in the statute "should yield in a particular case when there is...

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