PEOPLE EX REL. COLBY v. LA VALLEE


30 A.D.2d 637 (1968)

The People of the State of New York ex rel. Chester Lee Colby, Respondent, v. J. Edwin La Vallee, as Warden of Auburn Prison, Appellant

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

May 16, 1968


Order unanimously reversed and writ dismissed.

Memorandum:

Relator contends that he was not given good conduct credit while serving a penitentiary sentence in Onondaga County, and, additionally, was illegally confined one day for each $1 unpaid of the $250 fine made a part of his sentence. Said fine is claimed to be illegal because he was without funds with which to pay it (see People v. Saffore, 18 N.Y.2d 101). In...

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