Gay v. La Vallee

Appellate Division of the Supreme Court of New York

Gay v. La Vallee

45 A.D.2d 976, 359 N.Y.S.2d 127, 1974 N.Y. App. Div. LEXIS 4135

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

DecidedSeptember 19, 1974

StatusPublished

This text of 45 A.D.2d 976 (Gay v. La Vallee) 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

Gay v. La Vallee, 45 A.D.2d 976, 359 N.Y.S.2d 127, 1974 N.Y. App. Div. LEXIS 4135 (N.Y. Ct. App. 1974).

Pincite

Opinion

Appeal from a judgment of the Supreme Court, entered March 29, 1974 in Clinton County, which denied petitioner’s application, in a proceeding pursuant to CPLR article 78. On September 21, 1972, petitioner received a reformatory sentence of four years for the crime of robbery in the second degree. He presently argues that [977]*977he is being subjected to unlawful and unconstitutional discrimination in that, as a recipient of a reformatory sentence, he is not entitled to “good behavior time” and a resultant early release from custody while all persons otherwise sentenced, as to indeterminate or definite terms, may receive such credit and thereby have their periods of confinement reduced. His appeal must be dismissed as moot, however, because he has now been conditionally released from custody pursuant to a recent statutory change which makes a reformatory prisoner eligible for good behavior time credit (L. 1974, ch. 653, § 1; Penal Law, § 75.15, subd. 2). Hence, the question raised by his petition is of no present practicality (cf. People v. Spear, 40 A D 2d 986; People v. Bierweiller, 40 A D 2d 833). Appeal dismissed as moot, without costs. Herlihy, P. J., Greenblott, Kane, Main and Reynolds, JJ., concur.

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Appeal from a judgment of the Supreme Court, entered March 29, 1974 in Clinton County, which denied petitioner’s application, in a proceeding pursuant to CPLR article 78. On September 21, 1972, petitioner received a reformatory sentence of four years for the crime of robbery in the second degree. He presently argues that [977]*977he is being subjected to unlawful and unconstitutional discrimination in that, as a recipient of a reformatory sentence, he is not entitled to “good behavior time” and a resultant early release from custody while all persons otherwise sentenced, as to indeterminate or definite terms, may receive such credit and thereby have their periods of confinement reduced. His appeal must be dismissed as moot, however, because he has now been conditionally released from custody pursuant to a recent statutory change which makes a reformatory prisoner eligible for good behavior time credit (L. 1974, ch. 653, § 1; Penal Law, § 75.15, subd. 2). Hence, the question raised by his petition is of no present practicality (cf. People v. Spear, 40 A D 2d 986; People v. Bierweiller, 40 A D 2d 833). Appeal dismissed as moot, without costs. Herlihy, P. J., Greenblott, Kane, Main and Reynolds, JJ., concur.

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Bluebook (online)

45 A.D.2d 976, 359 N.Y.S.2d 127, 1974 N.Y. App. Div. LEXIS 4135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gay-v-la-vallee-nyappdiv-1974.