Legal Opinion
Rodriguez v. McMickens
New York Supreme Court
Decided September 18, 1986PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Emily Jane Goodman, J.
In this unusual CPLR article 78 proceeding, petitioner, a New York State prisoner representing himself, seeks the correct computation of his New York State prison sentence following five years of incarceration in a Federal prison.
Petitioner is now serving a term of 10 years to life (the original sentence of 15 years to life having been reduced by Gubernatorial commutation). In the intricacies of the combined Correction and Penal Laws, Mr. Rodriguez would, upon the granting of this motion, become eligible for parole in January 1987, rather than January…
2Cases cited10 opinions
- Peterson v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1984
- United States v. SackingerDistrict Court, W.D. New York · 1982
- Tremarco v. United StatesDistrict Court, D. New Jersey · 1976
- Browne v. New York State Board of ParoleNew York Court of Appeals · 1961
- People ex rel. Rainone v. MurphyNew York Court of Appeals · 1956
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3Cited by2 opinions
- Franks v. KoehlerAppellate Division of the Supreme Court of the State of New York · 1990
- State ex rel. Hammer v. KeaneNew York Supreme Court · 1989