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People v. Foster

54 A.D.2d 1124, 388 N.Y.S.2d 797, 1976 N.Y. App. Div. LEXIS 15109
Procedural entryThis page is a short order in People v. Foster. Read the opinion of the Court — 58 A.D.2d 814 →
Appellate Division of the Supreme Court of the State of New York·Decided November 12, 1976·Published

Opinion

Order unanimously reversed and motion for resentence granted in accordance with the following memorandum: The judgment insofar as it imposes sentence is modified as a matter of discretion in the interest of justice to credit appellant on his minimum sentence of one year [1125]*1125(maximum life) with the time he has served in the State of Pennsylvania (CPL 470.15, subd 2, par [c]; 470.15, subd 3, par [c]; see Hechtman, Supplementary Practice Commentaries, McKinney’s Cons Laws of NY, Book 39, Penal Law, 1976-1977 Pocket Part, § 70.20, pp 36-37). (Appeal from order of Erie Supreme Court—motion for resentence.) Present—Cardamone, J. P., Mahoney, Goldman and Witmer, JJ.

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People v. Foster, 54 A.D.2d 1124, 388 N.Y.S.2d 797, 1976 N.Y. App. Div. LEXIS 15109 (N.Y. Ct. App. 1976).

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