Legal Opinion

Midgley v. Smith

Appellate Division of the Supreme Court of the State of New York

Decided July 13, 1978No. Appeal No. 1; Appeal No. 2PublishedCited by 11 opinions

1Opinion of the Court

OPINION OF THE COURT

Simons, J.

The State appeals from two judgments of the Supreme Court, Wyoming County, one entered March 28, 1977 in an article 78 proceeding, and which ordered appellant to credit respondent Midgley with time served pursuant to a concurrent sentence imposed after he was arrested while absconding from a furlough, and the other, entered April 13, 1978 in a habeas corpus proceeding which ordered respondent’s immediate release.

On January 7, 1976 respondent Midgley was sentenced to an indeterminate term of one and one-half to three years on a conviction of attempted burglary in…

2Cases cited8 opinions

  1. Middleton v. StateAppellate Division of the Supreme Court of the State of New York · 1976
  2. Middleton v. StateNew York Court of Appeals · 1977
  3. Greene v. SmithAppellate Division of the Supreme Court of the State of New York · 1976
  4. People ex rel. Coates v. MartinAppellate Division of the Supreme Court of the State of New York · 1959
  5. Charos v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1976

3 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. People ex rel. Miranda v. KuhlmannAppellate Division of the Supreme Court of the State of New York · 1987
  2. People ex rel. Davidson v. KellyAppellate Division of the Supreme Court of the State of New York · 1993
  3. People ex rel. Hawkins v. ScullyAppellate Division of the Supreme Court of the State of New York · 1989
  4. Grant v. GoordAppellate Division of the Supreme Court of the State of New York · 1998
  5. People v. MackAppellate Division of the Supreme Court of the State of New York · 1981

6 more not listed; retrieve them via the Exa API.

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