Legal Opinion

People ex rel. Johnson v. Montanye

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

Decided October 26, 1973PublishedCited by 10 opinions

1Opinion of the Court

Judgment unanimously reversed on the law and writ dismissed. Memorandum: The issue is presented as to whether it is required that local jail time be deducted from the minimum period of imprisonment of relator, determined by the Board of Parole to be 18 months. He is serving an indeterminate sentence having a maximum term of three years in the Attica. Correctional Facility. Subdivision 2 of section 212 of the Correction Law provides: “In any case where a person is received in an institution under the jurisdiction of the state department of correction with an indeterminate sentence, and the…

2Cases cited2 opinions

  1. James J. Walker v. Russell G. Oswald, Chairman, New York State Board of Parole, New York State Board of ParoleCourt of Appeals for the Second Circuit · 1971
  2. O'Hara v. HendersonNew York Supreme Court · 1973

3Cited by10 opinions

  1. Russo v. New York State Board of ParoleNew York Court of Appeals · 1980
  2. Festus v. ReganAppellate Division of the Supreme Court of the State of New York · 1975
  3. Coralluzzo v. New York State Parole BoardDistrict Court, W.D. New York · 1976
  4. Lynbrook Glass & Architectural Metals Corp. v. Elite Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
  5. Boutelle v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 1976

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