PEOPLE v. MONTGOMERY


128 Misc.2d 787 (1985)

The People of the State of New York, Petitioner, v. Guy Montgomery, Respondent.

County Court, Albany County.

June 18, 1985


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Steven H. Schwartz of counsel), for petitioner. Douglas P. Rutnik, Public Defender (Shawn Flaherty of counsel), for respondent.


JOSEPH HARRIS, J.

Petitioner contends in a writ of habeas corpus that his conviction in Albany County Court on May 25, 1984 for a violation of probation, following a declaration of delinquency filed on April 17, 1984, and his subsequent resentence upon the original offense for which he was placed on probation, are illegal by reason of his contention that his probation had expired on February 18, 1984.

Petitioner was convicted in Albany County...

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