Conyers v. Rodriguez

Appellate Division of the Supreme Court of New York

Conyers v. Rodriguez

126 A.D.2d 722, 511 N.Y.S.2d 127, 1987 N.Y. App. Div. LEXIS 41868

Appellate Division of the Supreme Court of the State of New York·Decided January 26, 1987·Published

Opinion

In a proceeding pursuant to CPLR article 78 to obtain credit for time served in jail, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Hickman, J.), entered March 12, 1986, which dismissed the proceeding.

Ordered that the judgment is affirmed, without costs or disbursements.

The petitioner, while on parole, was arrested for various crimes. He is not entitled to jail time credit on the new charges for that period of time during which he was in custody pursuant to a parole violation warrant (see, Matter of Jeffrey v Ward, 44 NY2d 812; Matter of Cruz v New York State Div. of Parole, 121 AD2d 536). Thompson, J. P., Niehoff, Weinstein, Kunzeman and Spatt, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to obtain credit for time served in jail, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Hickman, J.), entered March 12, 1986, which dismissed the proceeding.

Ordered that the judgment is affirmed, without costs or disbursements.

The petitioner, while on parole, was arrested for various crimes. He is not entitled to jail time credit on the new charges for that period of time during which he was in custody pursuant to a parole violation warrant (see, Matter of Jeffrey v Ward, 44 NY2d 812; Matter of Cruz v New York State Div. of Parole, 121 AD2d 536). Thompson, J. P., Niehoff, Weinstein, Kunzeman and Spatt, JJ., concur.

Conyers v. Rodriguez, 126 A.D.2d 722, 511 N.Y.S.2d 127, 1987 N.Y. App. Div. LEXIS 41868 (N.Y. Ct. App. 1987).

Pincite

126 A.D.2d 722 (Conyers v. Rodriguez) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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