People ex rel. Davis v. Arnette

OPINION OF THE COURT

Memorandum.

Order affirmed.

Relator was arrested on a weapons charge on January 14, 1975 and still remained in custody on August 13, 1975. On that date he received a six-month sentence for a prior unrelated misdemeanor in connection with which a warrant had been lodged against him on January 20, 1975. Until August 13, 1975, no sentence on either charge having been imposed, no term of imprisonment can be said to have been commenced (Matter of Collins v Vincent, 42 NY2d 191, 200-202; Matter of Manning v Vincent, 37 NY2d 724).

*879Because of the time the relator had been held in…