Legal Opinion
People ex rel. Henderson v. Casscles
New York Supreme Court
Decided March 28, 1971PublishedCited by 11 opinions
1Opinion of the CourtJoseph F. G-agliardi, J.
Application for a writ of habeas corpus is denied without prejudice to a renewal at a time when petitioner would otherwise be able to be released, or upon a renewal by means of an article 78 proceeding.
The application herein raises the interesting question as to the legal significance of the phrase “ is subject ” as it appears in the Penal Law (Penal Law § 70.30, subd. 3), when petitioner is sentenced to time served on an unrelated charge while incarcerated in jail at all times on a pending charge which ultimately results in a conviction. Petitioner contends that he is entitled to jail time…
2Cases cited21 opinions
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Coleman v. AlabamaSupreme Court of the United States · 1970
- Carafas v. LaValleeSupreme Court of the United States · 1968
- Peyton v. RoweSupreme Court of the United States · 1968
- People Ex Rel. Tweed v. . LiscombNew York Court of Appeals · 1875
16 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Baker v. SchubinNew York Supreme Court · 1972
- Charos v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1976
- People ex rel. Anderson v. Warden of New York City Correctional Institution for MenNew York Supreme Court · 1971
- People ex rel. Perrello v. SmithAppellate Division of the Supreme Court of the State of New York · 1975
- Brooks v. DalsheimAppellate Division of the Supreme Court of the State of New York · 1984
6 more not listed; retrieve them via the Exa API.