Manning v. Vincent

In a proceeding pursuant to article 78 of the CPLR to apply 382 days of jail time credit against the longer of two concurrent sentences imposed against petitioner in Kings County, petitioner appeals from a judgment of the Supreme Court, Dutchess County, dated September 26, 1973, which dismissed the petition after a hearing. Judgment reversed, on the law and in the interests of justice, and petition granted, without costs. Under section 70.30 (subd. 1, par. [a]) of the Penal Law, concurrent sentences merge in and are satisfied by the term which has the longest unexpired term to run.…