People ex rel. Bilotti v. Warden, New York City Correctional Institution for Men

We believe the writ should have been sustained. On February 17, 1971, relator was sentenced to two consecutive one-year sentences. On August 11, 1971, after serving eight months on the first sentence, he was mistakenly released by the Warden. He was arrested on another charge and sentenced to four months’ imprisonment on June 6, 1972. This sentence expired August 15, 1972. He was then held to serve the second of the one-year sentences imposed on February 17, 1971. We believe that he should be credited with the period he was at liberty, namely, August 11, 1971, to June 6, 1972, or 9 months and…