MATTER OF THOMAS v. SCULLY


106 A.D.2d 392 (1984)

In the Matter of Charles Thomas, Appellant, v. Charles J. Scully, as Warden of New York State Department of Correctional Services, Respondent

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

December 3, 1984


Judgment reversed, on the law, without costs or disbursements, and petition granted to the extent indicated herein.

On November 18, 1973, petitioner was arrested on a charge of petit larceny. He was incarcerated until January 16, 1974, when he was released on his own recognizance pending trial. On March 11, 1974, petitioner was rearrested on a charge of robbery in the first degree and related crimes. Upon his rearrest, petitioner was also held on a warrant for the...

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