Canada v. McGinnis
| Decision Date | 01 December 1971 |
| Citation | 328 N.Y.S.2d 4,29 N.Y.2d 853 |
| Parties | , 277 N.E.2d 925 Application of William CANADA, Appellant, v. Paul D. McGINNIS, Commissioner of Correction et al., etc., Respondents. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from the Supreme Court, Appellate Division, Second Department, 36 A.D.2d 830, 321 N.Y.S.2d 166.
Thomas R. Behan, Armonk, Louis J. Lefkowitz, Atty. Gen., New York City, for respondents-appellants-respondent.
Louis J. Lefkowitz, Atty. Gen., New York City (Samuel A. Hirshowitz, John G. Proudfit, New York City, of counsel), for respondents.
The Supreme Court, Dutchess County, entered an order that prisoner be credited with jail time toward his second sentence and an appeal was taken.
The Appellate Division reversed and dismissed the petition, but held that where defendant was serving a sentence of one year and three months to three years and six months at time he was transferred to another institution to await trial on burglary charge, the 77 days he served in such institution until he was sentenced for the burglary offense constituted a part of defendant's first sentence and could not be credited toward the second indeterminate sentence with a 7 year maximum.
In the Court of Appeals the prisoner contended that the penal law provides for merger of maximum terms of indeterminate concurrent sentences and there is no statutory requirement that time be credited against a previous sentence which necessarily prolongs the second sentence. The People argued that the prisoner was properly credited with jail time pursuant to statute.
Order affirmed, without costs.
All concur.
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Hawkins v. Coughlin
...(see, Matter of Kalamis v. Smith, supra; see also, Matter of Canada v. McGinnis, 36 A.D.2d 830, 321 N.Y.S.2d 166, affd. 29 N.Y.2d 853, 328 N.Y.S.2d 4, 277 N.E.2d 925). 5 Nor do we agree with the Fourth Department's view (see, People ex rel. Knox v. Kelly, supra ) that where Penal Law § 70.3......
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Peterson v. New York State Dept. of Correctional Services
...DeLesline v. Ward, 54 A.D.2d 1132, 389 N.Y.S.2d 78; Matter of Canada v. McGinnis, 36 A.D.2d 830, 321 N.Y.S.2d 166, affd. 29 N.Y.2d 853, 328 N.Y.S.2d 4, 277 N.E.2d 925). Consequently, petitioner may not obtain any jail time credit for the time spent in Federal custody after June 18, With res......
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Akins v. Smith, 79 Civ. 3684(MP).
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Kalamis v. Smith
...clear mandate of section 70.30 and the holding in Matter of Canada v. McGinnis, 36 A.D.2d 830, 321 N.Y.S.2d 166, affd. 29 N.Y.2d 853, 328 N.Y.S.2d 4, 277 N.E.2d 925." In the Canada case the defendant was arrested in Manhattan and released on bail in 1967. On February 6, 1968 he was arrested......