[Download] "Matter William Canada v. Paul D. Mcginnis" by Supreme Court of New York * eBook PDF Kindle ePub Free
eBook details
- Title: Matter William Canada v. Paul D. Mcginnis
- Author : Supreme Court of New York
- Release Date : January 12, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Petitioner was serving time in Sing Sing Prison under an indeterminate sentence with a one year, three month minimum and a
two year, six month maximum, imposed after his conviction of an attempt to commit grand larceny. He was transferred to the
Manhattan House of Detention on July 11, 1968 to await trial on a burglary charge. On September 26, 1968 he received an indeterminate
sentence with a seven year maximum on the burglary charge. In this proceeding he contends that the 77 days of jail time between
July 11, 1968 and September 26, 1968 should be credited against his second and longer sentence, thereby shortening the time
thereon until his ultimate release. Special Term held that petitioner was entitled to receive credit for the jail time toward
the seven-year maximum term under section 70.30 of the Penal Law. We reverse the determination on the ground that petitioner
was serving a sentence under a prior conviction at the time of his transfer to the House of Detention and, consequently, the
time served there was part of his first sentence. In such case, credit cannot be given for the same period of time toward
the second sentence. Subdivision 3 of section 70.30 of the Penal Law is clear in providing that jail time credit "shall not
include any time that is credited against the term or maximum term of any previously imposed sentence to which the person
is subject." (See, also, People ex rel. Coates v. Martin, 8 A.D.2d 688.) Disposition Judgment reversed, on the law, without
costs, and petition dismissed on the merits. The findings of fact below are affirmed.