Legal Opinion
People v. Cavelli
New York Court of Appeals
Decided June 12, 1980PublishedCited by 14 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
Defendant’s inadvertent release from custody prior to service of his full sentence does not divest the courts of jurisdiction to order his reincarceration. A violation of CPL 430.10, which prohibits change, suspension or interruption of a legally imposed sentence once it has commenced, is remedied by computing the defendant’s remaining term on the basis of his original sentence and date of imprisonment and by granting him credit for both such time as he has already served and such time as is attributable to…
2Cases cited3 opinions
- People ex rel. Harty v. FayNew York Court of Appeals · 1961
- People ex rel. Rainone v. MurphyNew York Court of Appeals · 1956
- People ex rel. Reynolds v. MartinNew York Court of Appeals · 1957
3Cited by14 opinions
- People v. StevensNew York Court of Appeals · 1998
- District of Columbia v. TinkerDistrict of Columbia Court of Appeals · 1997
- People v. MinayaAppellate Division of the Supreme Court of the State of New York · 1981
- Franks v. KoehlerAppellate Division of the Supreme Court of the State of New York · 1990
- Goodson v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2011
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