People v. Leonard

Appellate Division of the Supreme Court of New York

People v. Leonard

133 A.D.2d 938, 520 N.Y.S.2d 653, 1987 N.Y. App. Div. LEXIS 51982

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

DecidedOctober 22, 1987

StatusPublished

Cited by3 cases

This text of 133 A.D.2d 938 (People v. Leonard) 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. Leonard, 133 A.D.2d 938, 520 N.Y.S.2d 653, 1987 N.Y. App. Div. LEXIS 51982 (N.Y. Ct. App. 1987).

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Opinion

— Mahoney, P. J.

Appeal from a judgment of the County Court of Albany County (Turner, Jr., J.), rendered November 21, 1986, which revoked defendant’s probation and imposed a sentence of imprisonment.

Defendant pleaded guilty to a charge of violation of probation and was sentenced to an indeterminate term of imprisonment of 1 to 3 years. He now contends that certain jail time should be credited against his sentence. This issue is not properly raised on a direct appeal from a judgment of conviction, but by way of a CPLR article 78 proceeding challenging the prison authorities’ calculation of the sentence (People v Vivenzio, 103 AD2d 1044, 1045). Defendant raises no other contention.

Judgment affirmed. Mahoney, P. J., Main, Weiss, Mikoll and Yesawich, Jr., JJ., concur.

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— Mahoney, P. J.

Appeal from a judgment of the County Court of Albany County (Turner, Jr., J.), rendered November 21, 1986, which revoked defendant’s probation and imposed a sentence of imprisonment.

Defendant pleaded guilty to a charge of violation of probation and was sentenced to an indeterminate term of imprisonment of 1 to 3 years. He now contends that certain jail time should be credited against his sentence. This issue is not properly raised on a direct appeal from a judgment of conviction, but by way of a CPLR article 78 proceeding challenging the prison authorities’ calculation of the sentence (People v Vivenzio, 103 AD2d 1044, 1045). Defendant raises no other contention.

Judgment affirmed. Mahoney, P. J., Main, Weiss, Mikoll and Yesawich, Jr., JJ., concur.

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Bluebook (online)

133 A.D.2d 938, 520 N.Y.S.2d 653, 1987 N.Y. App. Div. LEXIS 51982, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-leonard-nyappdiv-1987.

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