PEOPLE v. KOWALSKY


2 A.D.2d 938 (1956)

The People of the State of New York, Respondent, v. Joseph Kowalsky, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 9, 1956


The principal contention of the defendant is that, under section 2193 of the Penal Law, he is entitled to credit for time served under a prior conviction of the crimes of robbery and grand larceny, which was subsequently set aside and for which he was ultimately given a suspended sentence. The contention is without merit. The provision in section 2193 for credit for "time spent by a person convicted of a crime in a prision or jail prior to his conviction and before sentence...

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