PEOPLE EX REL. JOHNSON v. MONTANYE


42 A.D.2d 1041 (1973)

The People of the State of New York ex rel. Robert Johnson, Respondent, v. Ernest L. Montanye, as Superintendent of Attica Correctional Facility, Appellant

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

October 26, 1973


Judgment unanimously reversed on the law and writ dismissed.

Memorandum:

The issue is presented as to whether it is required that local jail time be deducted from the minimum period of imprisonment of relator, determined by the Board of Parole to be 18 months. He is serving an indeterminate sentence having a maximum term of three years in the Attica Correctional Facility. Subdivision 2 of section 212 of the Correction Law provides: "In any case where a person...

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