McGinnis v. Royster

The question before us concerns the constitutionality of § 230 (3) of the New York Correction Law, which denied appellee state prisoners “good time” credit for their presentence incarceration in county jails.1 Appellees *265claim that disallowing such credit to them while permitting credit up to the full period of ultimate incarceration for state prisoners who were released on bail prior to sentencing deprived them of equal protection of the laws. The three-judge District Court, one judge dissenting, upheld their claim, 332 F. Supp. 973 (1971). The Commissioner of Correction and other officials…