Summary
In People ex rel. Neufeld v McMickens (70 N.Y.2d 763 [decided herewith]) we have reached a different result because, as the late Justice Gibbons noted in his dissent at the Appellate Division in that case, the statute at issue there (CPL 170.70) "does not refer to measurement from a specified day or event; it refers to the period of actual custody" (117 A.D.2d 243, 250). Thus in that case the court erred in excluding the first day of custody from computation of the applicable period.
Summary of this case from People v. StilesOpinion
Argued September 2, 1987
Decided October 8, 1987
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Seymour Rotker, J.
Russell Neufeld and Caesar D. Cirigliano for appellant.
John J. Santucci, District Attorney (Kenneth Appelbaum and Jeanette Lifschitz of counsel), for respondent.
Order reversed, without costs, and the judgment of Supreme Court, Queens County, reinstated for the reasons stated in the dissenting opinion by the late Justice David T. Gibbons at the Appellate Division ( 117 A.D.2d 243, 247-252).
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.