Peterson v. New York State Department of Correctional Services
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Titone, J. P.
The sole issue on this appeal is whether petitioner, Larry Peterson, presently serving concurrent sentences for robbery in the second degree and attempted possession of a weapon in the third degree, is entitled to mandatory jail time credit, by virtue of subdivision 3 of section 70.30 of the Penal Law,1 for 191 days spent in Federal custody on an *74unrelated charge. We conclude that petitioner may obtain credit only for the period after a detainer warrant or other instrument placing him in constructive custody in connection with the State charges was filed and…
2Cases cited20 opinions
- Cicio v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1983
- Kalamis v. SmithNew York Court of Appeals · 1977
- Canada v. McGinnisNew York Court of Appeals · 1971
- Sea Crest Construction Corp. v. StubingAppellate Division of the Supreme Court of the State of New York · 1981
- People ex rel. Middleton v. ZelkerAppellate Division of the Supreme Court of the State of New York · 1973
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3Cited by15 opinions
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- Merl v. MerlAppellate Division of the Supreme Court of the State of New York · 1987
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