People ex rel. Trifinoff v. Mancusi

Appellate Division of the Supreme Court of New York

People ex rel. Trifinoff v. Mancusi

38 A.D.2d 786, 328 N.Y.S.2d 188, 1972 N.Y. App. Div. LEXIS 5577

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

DecidedJanuary 20, 1972

StatusPublished

This text of 38 A.D.2d 786 (People ex rel. Trifinoff v. Mancusi) 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. Trifinoff v. Mancusi, 38 A.D.2d 786, 328 N.Y.S.2d 188, 1972 N.Y. App. Div. LEXIS 5577 (N.Y. Ct. App. 1972).

Pincite

Opinion

Judgment unanimously affirmed. Memorandum: Relator correctly computes the time which elapsed from the date of his arrest to the date of his sentence as 477 days. From October 2, 1968 to October 11, 1968 he served 9 days in Erie County Penitentiary upon his sentence for a crime committed in Erie County Jail while awaiting trial. He is not entitled to jail time credit on this sentence for those 9 days (People ex rel. Petite v. Follette, 24 N Y 2d 60). Deducting them from the 477 days leaves 468 days jail time credit to which relator is entitled on his sentence of October 2, 1969. (Appeal from judgment of Wyoming County Court dismissing writ of habeas corpus.) Present — Marsh, J. P., Witmer, Moule, Cardamone and Henry, JJ.

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Judgment unanimously affirmed. Memorandum: Relator correctly computes the time which elapsed from the date of his arrest to the date of his sentence as 477 days. From October 2, 1968 to October 11, 1968 he served 9 days in Erie County Penitentiary upon his sentence for a crime committed in Erie County Jail while awaiting trial. He is not entitled to jail time credit on this sentence for those 9 days (People ex rel. Petite v. Follette, 24 N Y 2d 60). Deducting them from the 477 days leaves 468 days jail time credit to which relator is entitled on his sentence of October 2, 1969. (Appeal from judgment of Wyoming County Court dismissing writ of habeas corpus.) Present — Marsh, J. P., Witmer, Moule, Cardamone and Henry, JJ.

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Bluebook (online)

38 A.D.2d 786, 328 N.Y.S.2d 188, 1972 N.Y. App. Div. LEXIS 5577, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-trifinoff-v-mancusi-nyappdiv-1972.