People v. Kowalsky

Appellate Division of the Supreme Court of New York

People v. Kowalsky

2 A.D.2d 938, 156 N.Y.S.2d 656, 1956 N.Y. App. Div. LEXIS 3962

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

DecidedNovember 9, 1956

StatusPublished

Cited by2 cases

This text of 2 A.D.2d 938 (People v. Kowalsky) 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 v. Kowalsky, 2 A.D.2d 938, 156 N.Y.S.2d 656, 1956 N.Y. App. Div. LEXIS 3962 (N.Y. Ct. App. 1956).

Pincite

Opinion

Appeal from a judgment rendered in the County Court of Sullivan County, sentencing the defendant-appellant to a term of two and one-half years to three years for the crime of attempted robbery in •the third degree. The principal contention of the defendant is that, under section 2193 of the Penal Law, he is entitled to credit for time served under a prior conviction of the crimes of robbery and grand larceny, which was subsequently set aside and for which he was ultimately given a suspended sentence. The contention is without merit. The provision in section 2193 for credit for “time spent by a person convicted of a crime in a prisión or jail prior to his conviction and before sentence ” obviously refers to time so spent upon the charge of the crime for which the conviction in question was had. Judgment of conviction unanimously affirmed. Present — Bergan, J. P., Coon, Halpern, Zeller and Gibson, JJ.

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Appeal from a judgment rendered in the County Court of Sullivan County, sentencing the defendant-appellant to a term of two and one-half years to three years for the crime of attempted robbery in •the third degree. The principal contention of the defendant is that, under section 2193 of the Penal Law, he is entitled to credit for time served under a prior conviction of the crimes of robbery and grand larceny, which was subsequently set aside and for which he was ultimately given a suspended sentence. The contention is without merit. The provision in section 2193 for credit for “time spent by a person convicted of a crime in a prisión or jail prior to his conviction and before sentence ” obviously refers to time so spent upon the charge of the crime for which the conviction in question was had. Judgment of conviction unanimously affirmed. Present — Bergan, J. P., Coon, Halpern, Zeller and Gibson, JJ.

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Bluebook (online)

2 A.D.2d 938, 156 N.Y.S.2d 656, 1956 N.Y. App. Div. LEXIS 3962, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kowalsky-nyappdiv-1956.

Opinion

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