People ex rel. Dunne v. Jones

Appeal from a judgment of the Supreme Court at Special Term, entered March 13, 1980 in Washington County, which dismissed relator’s application for a writ of habeas corpus after a hearing. Petitioner’s 1977 conviction for attempted sexual abuse was reversed and the indictment dismissed (People v Dunne, 74 AD2d 878). In this habeas corpus proceeding, petitioner contends that pursuant to the dismissal-acquittal paragraph of subdivision 3 of section 70.30 of the Penal Law, he is entitled to apply the time he spent in custody on the attempted sexual abuse charge as a credit against the weapon…