Hawkins v. Coughlin

Harwood, J. (dissenting).

We are called upon to review the *385denial to the petitioner of credit, against a sentence imposed on October 19, 1981, with local jail and State prison time originally credited against a sentence imposed pursuant to an earlier but subsequently vacated conviction, the underlying charge of which culminated in dismissal. In this context, we have reexamined our holding in Henderson v Reid (79 AD2d 1019). We reaffirm that decision and respectfully disagree with our colleagues in the majority and with the contrary determinations of the Appellate Divisions of the Third and…