Cruz v. New York State Division of Parole

Appellate Division of the Supreme Court of New York

Cruz v. New York State Division of Parole

121 A.D.2d 536, 503 N.Y.S.2d 595, 1986 N.Y. App. Div. LEXIS 58513

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

DecidedJune 16, 1986

StatusPublished

Cited by1 cases

This text of 121 A.D.2d 536 (Cruz v. New York State Division of Parole) 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.

Bluebook

Cruz v. New York State Division of Parole, 121 A.D.2d 536, 503 N.Y.S.2d 595, 1986 N.Y. App. Div. LEXIS 58513 (N.Y. Ct. App. 1986).

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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 (Hillery, J.), dated November 20, 1984, which, after a hearing, dismissed the petition.

Judgment affirmed, without costs or disbursements.

On January 10, 1984, the petitioner, while on parole, was arrested for criminal possession of a controlled substance. He is not entitled to additional jail time credit on the new charge for that period of time during which he was in custody pursuant to the parole violation warrant (see, Matter of Jeffrey v Ward, 44 NY2d 812). Mollen, P. J., Thompson, Niehoff, Rubin and Kunzeman, 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 (Hillery, J.), dated November 20, 1984, which, after a hearing, dismissed the petition.

Judgment affirmed, without costs or disbursements.

On January 10, 1984, the petitioner, while on parole, was arrested for criminal possession of a controlled substance. He is not entitled to additional jail time credit on the new charge for that period of time during which he was in custody pursuant to the parole violation warrant (see, Matter of Jeffrey v Ward, 44 NY2d 812). Mollen, P. J., Thompson, Niehoff, Rubin and Kunzeman, JJ., concur.

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Bluebook (online)

121 A.D.2d 536, 503 N.Y.S.2d 595, 1986 N.Y. App. Div. LEXIS 58513, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cruz-v-new-york-state-division-of-parole-nyappdiv-1986.

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