McDougal v. Vincent

Appellate Division of the Supreme Court of New York

McDougal v. Vincent

51 A.D.2d 737, 379 N.Y.S.2d 118, 1976 N.Y. App. Div. LEXIS 11245

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

DecidedFebruary 2, 1976

StatusPublished

Cited by2 cases

This text of 51 A.D.2d 737 (McDougal v. Vincent) 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

McDougal v. Vincent, 51 A.D.2d 737, 379 N.Y.S.2d 118, 1976 N.Y. App. Div. LEXIS 11245 (N.Y. Ct. App. 1976).

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Opinion

In a proceeding pursuant to CPLR article 78 to compel respondents to correct petitioner’s jail-time credit so as to make him eligible to appear [738]*738before the parole board, petitioner appeals from a judgment of the Supreme Court, Dutchess County, entered June 23, 1975, which, after a hearing, dismissed the petition. Judgment affirmed, without costs or disbursements. By statute, petitioner is precluded from receiving a credit of 142 days against the minimum period of his present sentence. That time was credited against a previously imposed sentence to which he is also subject (see Penal Law, § 70.30, subd 3). Petitioner will be ineligible for parole until he has served the minimum period of his present sentence (see Penal Law, § 70.40, subd 1, par [a]; Correction Law, § 212, subd 3). Martuscello, Acting P. J., Cohalan, Margett, Damiani and Rabin, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to compel respondents to correct petitioner’s jail-time credit so as to make him eligible to appear [738]*738before the parole board, petitioner appeals from a judgment of the Supreme Court, Dutchess County, entered June 23, 1975, which, after a hearing, dismissed the petition. Judgment affirmed, without costs or disbursements. By statute, petitioner is precluded from receiving a credit of 142 days against the minimum period of his present sentence. That time was credited against a previously imposed sentence to which he is also subject (see Penal Law, § 70.30, subd 3). Petitioner will be ineligible for parole until he has served the minimum period of his present sentence (see Penal Law, § 70.40, subd 1, par [a]; Correction Law, § 212, subd 3). Martuscello, Acting P. J., Cohalan, Margett, Damiani and Rabin, JJ., concur.

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Bluebook (online)

51 A.D.2d 737, 379 N.Y.S.2d 118, 1976 N.Y. App. Div. LEXIS 11245, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdougal-v-vincent-nyappdiv-1976.

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