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Matter of McDougal v. Vincent

Appellate Division of the Supreme Court of New York, Second Department
Feb 2, 1976
51 A.D.2d 737 (N.Y. App. Div. 1976)

Opinion

February 2, 1976


In a proceeding pursuant to CPLR article 78 to compel respondents to correct petitioner's jail-time credit so as to make him eligible to appear before the parole board, petitioner appeals from a judgment of the Supreme Court, Dutchess County, entered June 23, 1975, which, after a hearing, dismissed the petition. Judgment affirmed, without costs or disbursements. By statute, petitioner is precluded from receiving a credit of 142 days against the minimum period of his present sentence. That time was credited against a previously imposed sentence to which he is also subject (see Penal Law, § 70.30, subd 3). Petitioner will be ineligible for parole until he has served the minimum period of his present sentence (see Penal Law, § 70.40, subd 1, par [a]; Correction Law, § 212, subd 3). Martuscello, Acting P.J., Cohalan, Margett, Damiani and Rabin, JJ., concur.


Summaries of

Matter of McDougal v. Vincent

Appellate Division of the Supreme Court of New York, Second Department
Feb 2, 1976
51 A.D.2d 737 (N.Y. App. Div. 1976)
Case details for

Matter of McDougal v. Vincent

Case Details

Full title:In the Matter of JAMES McDOUGAL, Appellant, v. LEON J. VINCENT, as…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 2, 1976

Citations

51 A.D.2d 737 (N.Y. App. Div. 1976)

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