MATTER OF CUNNINGHAM v. VINCENT


50 A.D.2d 888 (1975)

In the Matter of Donald Cunningham, Appellant, v. Leon J. Vincent, as Superintendent of Green Haven Correctional Facility, et al., Respondents

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

December 29, 1975


Judgment modified, on the law, by inserting therein a provision that the petition is granted to the further extent that respondents are directed to credit petitioner with 219 additional days of jail time against the sentences imposed on January 31, 1974. As so modified, judgment affirmed, without costs.

In light of our finding that petitioner was not afforded a timely parole revocation hearing while incarcerated awaiting trial (see People ex rel. McNair v Warden...

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