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MATTER OF OQUENDO v. QUINONES

291 A.D.2d 593 (2002)

738 N.Y.S.2d 398

In the Matter of JOSE OQUENDO, Appellant, v. PEDRO QUINONES, as Superintendent of Mt. McGregor Correctional Facility, et al., Respondents.

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

Decided February 7, 2002.

Peters, J.

While petitioner was serving a 90-day sentence in jail, a federal detainer was filed on December 15, 1999 and two days later a detainer was filed on pending state charges. When the definite sentence expired on December 19, 1999, petitioner remained in jail for two days as a result of the warrants until he was taken into federal custody. On August 28, 2000, he was convicted of forgery in the second degree in County Court of Montgomery County and sentenced...

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