Lewis v. Flood

The petitioner in this article 78 proceeding is an inmate of the Nassau County Jail the expiration date of whose sentence is August 23, 1973 who would normally expect to be released on August 3 by reason of a “ good time credit ” (Correction Law, § 804) aggregating 20 days, and who claims he is being denied that credit without cause and without due process. Although the County Attorney appearing for the County Commissioner of Correction who is in charge of the jail raises an issue of prematurity, he concedes that “ the main question for determination by this Court is whether Section 804 of…