People ex rel. Meadows v. La Vallee

Appellate Division of the Supreme Court of New York

People ex rel. Meadows v. La Vallee

43 A.D.2d 656, 1973 N.Y. App. Div. LEXIS 3051

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

DecidedNovember 28, 1973

StatusPublished

This text of 43 A.D.2d 656 (People ex rel. Meadows v. La Vallee) 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. Meadows v. La Vallee, 43 A.D.2d 656, 1973 N.Y. App. Div. LEXIS 3051 (N.Y. Ct. App. 1973).

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Opinion

Application, pursuant to CPLR 7002 (subd. [b], par. 2) for writ of habeas corpus, denied as legally insufficient. The sentence,, imposed upon petitioner’s 1958 conviction was interrupted by the declaration of parole delinquency in 1966 and such interruption continued until his return to an institution under the jurisdiction of the 'State Department of Correction (Penal Law, § 70.40, subd. 3, par. [a]). The time spent in custody upon the conviction in Federal court was not due to an arrest or surrender based upon the delinquency and therefore could not be credited against the original sentence (Penal Law, § 70.40, subd. 3, par. [c], cl. [i]; People ex rel. Petite v. Follette, 24 N Y 2d 60; see, also, Zerbst v. Kid/mell, 304 U. ;S. 359). Herlihy, P. J., Staley, Jr., Sweeney, Kane, and Main, JJ., concur.

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Application, pursuant to CPLR 7002 (subd. [b], par. 2) for writ of habeas corpus, denied as legally insufficient. The sentence,, imposed upon petitioner’s 1958 conviction was interrupted by the declaration of parole delinquency in 1966 and such interruption continued until his return to an institution under the jurisdiction of the 'State Department of Correction (Penal Law, § 70.40, subd. 3, par. [a]). The time spent in custody upon the conviction in Federal court was not due to an arrest or surrender based upon the delinquency and therefore could not be credited against the original sentence (Penal Law, § 70.40, subd. 3, par. [c], cl. [i]; People ex rel. Petite v. Follette, 24 N Y 2d 60; see, also, Zerbst v. Kid/mell, 304 U. ;S. 359). Herlihy, P. J., Staley, Jr., Sweeney, Kane, and Main, JJ., concur.

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Bluebook (online)

43 A.D.2d 656, 1973 N.Y. App. Div. LEXIS 3051, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-meadows-v-la-vallee-nyappdiv-1973.

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