Sullivan v. Sielaff

Appellate Division of the Supreme Court of New York

Sullivan v. Sielaff

205 A.D.2d 459, 615 N.Y.S.2d 990

Appellate Division of the Supreme Court of the State of New York·Decided June 30, 1994·Published

Opinion

Order and judgment (one paper), Supreme Court, New York County (William McCooe, J.), entered July 7, 1993, which, inter alia, directed respondent to [460] credit petitioner with jail time, unanimously affirmed, without costs.

The IAS Court correctly credited the 2Vz to 5 year sentence petitioner received under Indictment No. 5847/91 with the 248 days of jail time he served under Indictment No. 5910/87, since this time had not already been credited against a "previously imposed sentence” and the two sentences ran concurrently (Penal Law § 70.30 [3]; Matter of Kalamis v Smith, 42 NY2d 191, 201; Matter of Colon v Vincent, 49 AD2d 939, affd 41 NY2d 1084). Concur—Murphy, P. J., Wallach, Kupferman and Williams, JJ.

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Order and judgment (one paper), Supreme Court, New York County (William McCooe, J.), entered July 7, 1993, which, inter alia, directed respondent to [460] credit petitioner with jail time, unanimously affirmed, without costs.

The IAS Court correctly credited the 2Vz to 5 year sentence petitioner received under Indictment No. 5847/91 with the 248 days of jail time he served under Indictment No. 5910/87, since this time had not already been credited against a "previously imposed sentence” and the two sentences ran concurrently (Penal Law § 70.30 [3]; Matter of Kalamis v Smith, 42 NY2d 191, 201; Matter of Colon v Vincent, 49 AD2d 939, affd 41 NY2d 1084). Concur—Murphy, P. J., Wallach, Kupferman and Williams, JJ.

Sullivan v. Sielaff, 205 A.D.2d 459, 615 N.Y.S.2d 990 (N.Y. Ct. App. 1994).

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Opinion

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