Application for a writ of habeas corpus is denied without prejudice to a renewal at a time when petitioner would otherwise be able to be released, or upon a renewal by means of an article 78 proceeding.
The application herein raises the interesting question as to the legal significance of the phrase "is subject" as it appears in the Penal Law (Penal Law § 70.30, subd. 3), when petitioner is sentenced to time served...
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