Legal Opinion
Powell v. Malcolm
Appellate Division of the Supreme Court of the State of New York
Decided March 19, 1974PublishedCited by 9 opinions
1Opinion of the CourtMurphy, J.
Petitioner appeals from a judgment dismissing his article 78 proceeding, in the nature of mandamus, to compel respondents to credit him with the proper amount of presentence incarceration time.
In connection with Indictment No. 4085/67, petitioner was incarcerated by the New York City Department of Correction from November 3, 1967 to February 18, 1968 (108 days), when he was released on bail. Some nine days prior to his release he pleaded guilty to the crime of robbery in the third degree. When petitioner failed to appear for sentencing on May 28, 1968, a bench warrant was issued.
On May 20,…
2Cases cited2 opinions
- United States v. Bernard GainesCourt of Appeals for the Second Circuit · 1971
- Paul D. McGinnis Commissioner of Correction v. United States Ex Rel. Milton PollackCourt of Appeals for the Second Circuit · 1971
3Cited by9 opinions
- Colon v. VincentAppellate Division of the Supreme Court of the State of New York · 1975
- MATTER OF COLON v. VincentNew York Court of Appeals · 1977
- Claim of Barron v. Ellis HospitalAppellate Division of the Supreme Court of the State of New York · 1997
- Colon v. VincentNew York Court of Appeals · 1977
- Elrod v. FloodNew York Supreme Court · 1976
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