Elrod v. Flood

This is a proceeding, pursuant to CPLR article 78, wherein petitioner seeks a judgment compelling respondent to credit petitioner with an additional 105 days of jail time credit against indictment No. 35712.

On June 22, 1972 the petitioner pleaded guilty to indictment No. 33161 and was released on bail pending sentence. Thereafter, on August 18, 1972 while out on bail petitioner was arrested for rape, sexual abuse and possession of a weapon. Ten days later on August 28, 1972 petitioner was sentenced under indictment No. 33161 to an indeterminate term of imprisonment of up to three years and on…