Legal Opinion

People ex rel. Knox v. Kelly

Appellate Division of the Supreme Court of the State of New York

Decided April 3, 1987PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Boomer, J.

Relator appeals from an order dismissing his petition for a writ of habeas corpus. His petition alleges that his sentences have been satisfied by jail time credit, which respondent improperly refused to grant. Relator argues that, under Penal Law § 70.30 (3), he should have been granted credit against his recent sentences for the time he served both in prison and on parole following his conviction on a prior charge that was ultimately dismissed. We disagree. We hold that a person may be granted jail time credit under the last paragraph of Penal Law § 70.30 (3)…

2Cases cited5 opinions

  1. Netograph Manufacturing Co. v. . ScrughamNew York Court of Appeals · 1910
  2. Henderson v. ReidAppellate Division of the Supreme Court of the State of New York · 1981
  3. People ex rel. Dunne v. JonesAppellate Division of the Supreme Court of the State of New York · 1980
  4. Hawkins v. CoughlinNew York Supreme Court · 1986
  5. Orseck v. RichardsAppellate Division of the Supreme Court of the State of New York · 1940

3Cited by6 opinions

  1. Hawkins v. CoughlinNew York Court of Appeals · 1988
  2. Hawkins v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1987
  3. People ex rel. Kornaker v. MeloniAppellate Division of the Supreme Court of the State of New York · 1987
  4. People v. McNairAppellate Division of the Supreme Court of the State of New York · 1995
  5. Hawkins v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1987

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