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

Appellate Division of the Supreme Court of the State of New York·Decided June 16, 1986·Published·Cited by 1 cases

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.

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).

Pincite

121 A.D.2d 536 (Cruz v. New York State Division of Parole) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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