Oleandi v. Russi
This text of 144 A.D.2d 976 (Oleandi v. Russi) 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.
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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Cite This Page — Counsel Stack
144 A.D.2d 976, 534 N.Y.S.2d 50, 1988 N.Y. App. Div. LEXIS 14477, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oleandi-v-russi-nyappdiv-1988.