Oleandi v. Russi

Appellate Division of the Supreme Court of New York

Oleandi v. Russi

144 A.D.2d 976, 534 N.Y.S.2d 50, 1988 N.Y. App. Div. LEXIS 14477

Appellate Division of the Supreme Court of the State of New York·Decided November 15, 1988·Published·Cited by 1 cases

Opinion

Judgment unanimously reversed on the law and petition dismissed. Memorandum: Petitioner was not entitled to credit for time he spent in jail before he was delivered to the Federal authorities because this time was credited to the undischarged term of his previously imposed Federal sentence. Penal Law § 70.30 (3) expressly provides that jail time "shall not include any time that is credited against the term or maximum term of any previously imposed sentence to which the person is subject.” (Appeal from judgment of Supreme Court, Erie County, Flaherty, J. — art 78.) Present — Dillon, P. J., Callahan, Boomer, Balio and Lawton, JJ.

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Judgment unanimously reversed on the law and petition dismissed. Memorandum: Petitioner was not entitled to credit for time he spent in jail before he was delivered to the Federal authorities because this time was credited to the undischarged term of his previously imposed Federal sentence. Penal Law § 70.30 (3) expressly provides that jail time "shall not include any time that is credited against the term or maximum term of any previously imposed sentence to which the person is subject.” (Appeal from judgment of Supreme Court, Erie County, Flaherty, J. — art 78.) Present — Dillon, P. J., Callahan, Boomer, Balio and Lawton, JJ.

Oleandi v. Russi, 144 A.D.2d 976, 534 N.Y.S.2d 50, 1988 N.Y. App. Div. LEXIS 14477 (N.Y. Ct. App. 1988).

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Opinion

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