Legal Opinion

People ex rel. Bailey v. Netzel

New York Supreme Court

Decided November 28, 1995PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Joseph S. Forma, J.

This petition for writ of habeas corpus raises the issue of proper crediting of prior time served upon a violation of probation conviction which originally encompassed an intermittent sentence. The operative facts are not in dispute.

Relator was sentenced to a term of 6 months’ intermittent incarceration with probation which equated to 54 days of actual confinement. The subsequent sentence of probation was revoked and replaced with a one-year definite sentence. Rela*624tor contends he should properly be credited with 7 days for each of the 18 weekends he was…

2Cases cited1 opinion

  1. People v. BeckerNew York Supreme Court · 1979

3Cited by1 opinion

  1. People ex rel. Fancher v. WasserAppellate Division of the Supreme Court of the State of New York · 1998

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