O'Hara v. Henderson

Petitioner, an inmate of Auburn Correctional Facility, by his petition sworn to April 24, 1973, seeks an order directing the respondents to credit the 202 days’ jail time served by him prior to commencement of his present sentence upon the minimum term fixed by the Parole Board to be served prior to parole consideration.

Petitioner was convicted in Onondaga County Court of assault, second degree, and sentenced on December 29,1971 to an indeter*1028mínate sentence of seven years. The court did not fix the minimum term of the sentence. Petitioner had spent 202 days in jail awaiting disposition of the…