People ex rel. Hoffman v. Vincent 51 A.D.2d 980

In a habeas corpus proceeding, petitioner appeals from a judgment of the Supreme Court, Dutchess County, dated October 3, 1975, which denied the application and dismissed the proceeding. Judgment affirmed, without costs and disbursements. Petitioner’s release on bail pursuant to a stay of a judgment pending appeal therefrom did not constitute an unlawful interruption of his sentence within the purview of CPL 430.10. Hopkins, Acting P. J.,' Martuscello, Cohalan, Margett and Rabin, JJ., concur.