People ex rel. McCoy v. Higgins

Judgment unanimously reversed on the law, petition dismissed, and indictment and judgment of conviction reinstated. Memorandum: Relator was convicted, sentenced, then released on bail pursuant to a stay of execution of judgment granted by the trial court in 1983. The 120-day stay expired and was not extended before relator’s appeal was perfected, but relator failed to surrender to the authorities pursuant to CPL 460.50 (4). Relator’s conviction was ultimately affirmed on appeal, but relator was not located to begin serving his sentence until May 1990. Relator sought a writ of habeas corpus.…