Gonzalez v. Kearney
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Hopkins, J. P.
The petitioner brought this proceeding to compel the Department of Correctional Services, which denied him certain jail time credit claimed under the statute (see Penal Law,- § 70.30), to grant him that credit. The petition was granted and this appeal followed. We reverse and deny the petition. The statutory provisions in question do not authorize credit for jail time served preliminary to a sentence imposed on the first conviction of the petitioner against the sentence imposed on the second conviction of the petitioner under the circumstances of this case.
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2Cases cited9 opinions
- Kalamis v. SmithNew York Court of Appeals · 1977
- Canada v. McGinnisNew York Court of Appeals · 1971
- People ex rel. Middleton v. ZelkerAppellate Division of the Supreme Court of the State of New York · 1973
- People ex rel. Middleton v. ZelkerNew York Court of Appeals · 1975
- Colon v. VincentAppellate Division of the Supreme Court of the State of New York · 1975
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3Cited by6 opinions
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- People v. MackAppellate Division of the Supreme Court of the State of New York · 1981
- Akins v. SmithDistrict Court, S.D. New York · 1979
- People v. O'GarroAppellate Division of the Supreme Court of the State of New York · 1989
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