Angelo v. Warden of Penitentiary

Appellate Division of the Supreme Court of New York

Angelo v. Warden of Penitentiary

30 A.D.2d 652, 291 N.Y.S.2d 38, 1968 N.Y. App. Div. LEXIS 3755

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

DecidedJune 13, 1968

StatusPublished

Cited by1 cases

This text of 30 A.D.2d 652 (Angelo v. Warden of Penitentiary) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Angelo v. Warden of Penitentiary, 30 A.D.2d 652, 291 N.Y.S.2d 38, 1968 N.Y. App. Div. LEXIS 3755 (N.Y. Ct. App. 1968).

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Opinion

Order entered January 9, 1968 denying application pursuant to CPLR 7801 for an order directing the Warden of the New York City Penitentiary to amend his records, unanimously reversed, on the law and the facts, without costs or disbursements, and the cause is remanded for a hearing and appropriate applications. The record before us is inadequate to determine the sentence imposed. Petitioner cannot receive credit on five different sentences for the same period of time with which he was incarcerated prior to sentence. (Matter of Brady v. New York State Board of Parole, 36 Misc 2d 159; see, also, People ex rel. Fernandez v. Kaiser, 230 App. Div. 646, affd. 256 N. Y. 581, cert. den. 284 U. S. 631. Concur— Stevens, J. P., Steuer, Tilzer, McGivern and McNally, JJ.

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Order entered January 9, 1968 denying application pursuant to CPLR 7801 for an order directing the Warden of the New York City Penitentiary to amend his records, unanimously reversed, on the law and the facts, without costs or disbursements, and the cause is remanded for a hearing and appropriate applications. The record before us is inadequate to determine the sentence imposed. Petitioner cannot receive credit on five different sentences for the same period of time with which he was incarcerated prior to sentence. (Matter of Brady v. New York State Board of Parole, 36 Misc 2d 159; see, also, People ex rel. Fernandez v. Kaiser, 230 App. Div. 646, affd. 256 N. Y. 581, cert. den. 284 U. S. 631. Concur— Stevens, J. P., Steuer, Tilzer, McGivern and McNally, JJ.

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Bluebook (online)

30 A.D.2d 652, 291 N.Y.S.2d 38, 1968 N.Y. App. Div. LEXIS 3755, Counsel Stack Legal Research, https://law.counselstack.com/opinion/angelo-v-warden-of-penitentiary-nyappdiv-1968.

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