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PEOPLE v. CAVELLI

50 N.Y.2d 919 (1980)

The People of the State of New York, Respondent, v. Archie Cavelli, Appellant.

Court of Appeals of the State of New York.

Decided June 12, 1980.

Attorney(s) appearing for the Case

Edward M. Chikofsky for appellant.

Robert M. Morgenthau, District Attorney (Norman Barclay and Robert M. Pitler of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant's inadvertent release from custody prior to service of his full sentence does not divest the courts of jurisdiction to order his reincarceration. A violation of CPL 430.10, which prohibits change, suspension or interruption of a legally imposed sentence once it has commenced, is remedied by computing the defendant's remaining term on the...

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