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

Appellate Division of the Supreme Court of the State of New York·Decided February 2, 1976·Published·Cited by 2 cases

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] before 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.

Free access — add to your briefcase to read the full text and ask questions with AI

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] before 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.

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).

Pincite

51 A.D.2d 737 (McDougal v. Vincent) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related