Mullen v. Coughlin

*6OPINION OF THE COURT

Mercure, J.

Petitioner was arrested on January 24, 1979 and charged with criminal sale of a controlled substance in the third degree, alleged to have taken place on December 21, 1978 (hereinafter charge I). He waived indictment, was prosecuted by superior court information, pleaded guilty to the charge and was sentenced on April 9, 1979 to an indeterminate prison term of five years to life. On January 23, 1980, after petitioner served 9 months and 15 days of that sentence, County Court vacated the judgment of conviction and the sentence imposed thereon because petitioner…