Legal Opinion
People ex rel. Ryan v. Cheverko
New York Court of Appeals
Decided November 21, 2013PublishedCited by 11 opinions
1Opinion of the Court
OPINION OF THE COURT
Abdus-Salaam, J.
We hold that, when Penal Law § 70.30 (2) (b) limits consecutive definite sentences to an aggregate term of two years’ imprisonment, jail time credit and good time credit should be deducted from that two-year aggregate term rather than the aggregate term imposed by the sentencing court.
On October 24, 2011, petitioner Richard Shaver was convicted of two counts of petit larceny and one count of criminal possession of stolen property in the fifth degree. He was sentenced to a one-year definite term of imprisonment for each of his petit larceny convictions,…
2Cases cited4 opinions
- People v. MooreNew York Court of Appeals · 1984
- People v. TetiAppellate Division of the Supreme Court of the State of New York · 1973
- Serfaty ex rel. Galvin v. JablonskyAppellate Division of the Supreme Court of the State of New York · 1997
- People v. MatthewsCriminal Court of the City of New York · 1973
3Cited by11 opinions
- The People v. Phillip CouserNew York Court of Appeals · 2016
- Matter of Gonzalez v. AnnucciNew York Court of Appeals · 2018
- United States v. SmithDistrict Court, S.D. New York · 2014
- People v. DePernoAppellate Division of the Supreme Court of the State of New York · 2017
- People v. PaysonAppellate Division of the Supreme Court of the State of New York · 2020
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