People ex rel. Cook v. Smith

Judgment unanimously reversed, on the law, writ dismissed and relator remanded to the custody of the Superintendent of Attica Correctional Facility. Memorandum: In a prior article 78 proceeding County Court properly held that time served in a local jail must be allowed against the minimum sentence when fixed by the parole board, and properly applied subdivision 2-a of section 212 of the Correction Law requiring that where the minimum set by the board is "more than three years from the date sentence commenced * * * such determination shall be deemed tentative and shall be reviewed by the…