Motta v. Flood

OPINION OF THE COURT

Stanley Harwood, J.

Motion for judgment pursuant to CPLR article 78 is granted to the extent that respondent is directed to credit 14 days against the sentence imposed under felony complaint number 2593-83.

Following his plea of guilty to a charge of attempted burglary, second degree, petitioner was sentenced by the Nassau County Court to a four-month intermittent sentence of imprisonment and five years’ probation. He was to serve the sentence of imprisonment between Friday and Sunday evenings of each week from January 28, 1983 through May 22, 1983. On April 22, 1983, the…