People ex rel. Holman v. McMann

Appellate Division of the Supreme Court of New York

People ex rel. Holman v. McMann

26 A.D.2d 708, 271 N.Y.S.2d 683, 1966 N.Y. App. Div. LEXIS 3759

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

DecidedJuly 1, 1966

StatusPublished

This text of 26 A.D.2d 708 (People ex rel. Holman v. McMann) 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

People ex rel. Holman v. McMann, 26 A.D.2d 708, 271 N.Y.S.2d 683, 1966 N.Y. App. Div. LEXIS 3759 (N.Y. Ct. App. 1966).

Pincite

Opinion

Per Curiam.

Appeal from a judgment of the Supreme Court at Special Term in Clinton County which dismissed, after a hearing, petitioner’s writ of habeas corpus issued upon his contention that there should have been credited against the sentence imposed upon him in Supreme Court, New York County, the time subsequently spent in the custody of the City of New York upon his arrest, conviction and imprisonment for a misdemeanor committed while on parole. Relator was not released, voluntarily or otherwise, from the custody of the State of New York to that of another authority as was the prisoner in People ex rel. Rainone v. Murphy (1 N Y 2d 367), upon which relator mistakenly relies; and the Parole Board never regained “complete and unconditional” custody of relator, within the Bainone rule, until the completion of his imprisonment in the city penitentiary and his return to State authorities (People ex rel. Leibowitz v. La Vallee, 17 A D 2d 887, mot. for Iv. to app. den. 12 N Y 2d 645, cert. den. 373 U. S. 946). Judgment affirmed, without costs. Gibson, P. J., Reynolds, Taylor, Aulisi and Staley, Jr., JJ., concur.

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Per Curiam.

Appeal from a judgment of the Supreme Court at Special Term in Clinton County which dismissed, after a hearing, petitioner’s writ of habeas corpus issued upon his contention that there should have been credited against the sentence imposed upon him in Supreme Court, New York County, the time subsequently spent in the custody of the City of New York upon his arrest, conviction and imprisonment for a misdemeanor committed while on parole. Relator was not released, voluntarily or otherwise, from the custody of the State of New York to that of another authority as was the prisoner in People ex rel. Rainone v. Murphy (1 N Y 2d 367), upon which relator mistakenly relies; and the Parole Board never regained “complete and unconditional” custody of relator, within the Bainone rule, until the completion of his imprisonment in the city penitentiary and his return to State authorities (People ex rel. Leibowitz v. La Vallee, 17 A D 2d 887, mot. for Iv. to app. den. 12 N Y 2d 645, cert. den. 373 U. S. 946). Judgment affirmed, without costs. Gibson, P. J., Reynolds, Taylor, Aulisi and Staley, Jr., JJ., concur.

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Bluebook (online)

26 A.D.2d 708, 271 N.Y.S.2d 683, 1966 N.Y. App. Div. LEXIS 3759, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-holman-v-mcmann-nyappdiv-1966.