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PEOPLE EX REL. PRICE v. HENDERSON

97 A.D.2d 963 (1983)

The People of the State of New York ex rel. John T. Price, Appellant, v. Robert J. Henderson, as Superintendent of Auburn Correctional Facility, Respondent

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

November 4, 1983

Judgment unanimously modified and, as modified, affirmed, in accordance with the following memorandum: We convert this habeas corpus proceeding which challenges the computation of a 1961 sentence of imprisonment to a CPLR article 78 proceeding (CPLR 103, subd [c]; see People ex rel. Miranda v Henderson, 54 A.D.2d 611). Petitioner is entitled pursuant to section 70.40 (subd 3, par [c], cl [ii]) of the Penal Law to 209 days' credit...

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