Legal Opinion

People v. Majercik

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

Decided September 27, 1984PublishedCited by 1 opinion

1Opinion of the Court

— Appeal from a judgment of the County Court of Tompkins County (Barrett, J.), rendered August 19, 1983, which revoked defendant’s probation and imposed a sentence of imprisonment.

The sole issue raised on this appeal is whether a defendant who is serving a previously imposed sentence at the time a detainer is filed in connection with a new charge is entitled to credit for time served under the first sentence when he is sentenced for the second crime.

We decline to resolve this issue since the matter is not properly before this court. The calculation of a sentence is a discretionary act and is…

2Cases cited1 opinion

  1. Browne v. New York State Board of ParoleNew York Court of Appeals · 1961

3Cited by1 opinion

  1. People v. MeadAppellate Division of the Supreme Court of the State of New York · 2008

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