Legal Opinion
People v. Randolph
New York Supreme Court
Decided February 25, 1976PublishedCited by 24 opinions
1Opinion of the CourtMoses M. Weinstein, J.
This petition for a writ of habeas corpus is actually a motion to vacate judgment on the grounds that the court lacks jurisdiction over the person of defendant (CPL 440.10, subd 1, par [a]). Among defendant’s two contentions is an issue of first impression, namely, does the Agreement on Detainers (CPL art 580) apply to a convicted but not yet sentenced defendant who is incarcerated in a sister State? Additionally, defendant contends that the delay of 20 months between plea and sentence deprives the court of jurisdiction over him and thereby compels vacation of his conviction and dismissal of…
2Cases cited5 opinions
- People ex rel. Harty v. FayNew York Court of Appeals · 1961
- People v. MonaghanAppellate Division of the Supreme Court of the State of New York · 1970
- People v. NewcombeAppellate Division of the Supreme Court of the State of New York · 1963
- People ex rel. Weingard v. CassclesAppellate Division of the Supreme Court of the State of New York · 1972
- People v. GibsonAppellate Division of the Supreme Court of the State of New York · 1972
3Cited by24 opinions
- Moody v. CorsentinoSupreme Court of Colorado · 1993
- Stone v. StateCourt of Appeals of Maryland · 1996
- United States v. Vernon Klaire CoffmanCourt of Appeals for the Tenth Circuit · 1990
- Painter v. StateCourt of Special Appeals of Maryland · 2004
- State v. SparksNew Mexico Court of Appeals · 1986
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