MATTER OF MULLEN v. COUGHLIN


142 A.D.2d 5 (1988)

In the Matter of James C. Mullen, Respondent, v. Thomas A. Coughlin, III, as Commissioner of The New York State Department of Correctional Services, Appellant

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

November 17, 1988


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Martin A. Hotvet, Wayne L. Benjamin and Denise A. Hartman of counsel), for appellant.

John D. Charles and David C. Leven for respondent.

MAHONEY, P. J., KANE, YESAWICH, JR., and HARVEY, JJ., concur.


MERCURE, J.

Petitioner was arrested on January 24, 1979 and charged with criminal sale of a controlled substance in the third degree, alleged to have taken place on December 21, 1978 (hereinafter charge I). He waived indictment, was prosecuted by superior court information, pleaded guilty to the charge and was sentenced on April 9, 1979 to an indeterminate prison term of five years to life. On January 23, 1980...

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