County of Onondaga v. New York State Department of Correctional Services

Judgment unanimously reversed, without costs, and petition dismissed. Memorandum: CPL 430.20 (subd 1) requires that “[wjhen a sentence of imprisonment is pronounced * * * the defendant must forthwith be committed to the custody of the appropriate public servant and detained until the sentence is complied with” (see, also, CPL 430.30). It is equally clear, however, that the limitation contained in the statute “should yield in a particular case when there is a demonstrated need for flexibility” (Crespo v Hall, 56 NY2d 856, 859). The record establishes that at the time these proceedings were…