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MATTER OF GIRTMAN v. PREISER

51 A.D.2d 968 (1976)

In the Matter of Howard Girtman, Appellant, v. Peter Preiser, as Commissioner of The Department of Correctional Services, et al., Respondents

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

March 1, 1976

Judgment affirmed, without costs or disbursements.

Petitioner is not entitled to any jail time credit against his previously imposed indeterminate sentence, upon which he had been conditionally released, for the jail time served in full satisfaction of a subsequent definite sentence (see Penal Law, § 70.40, subd 3, pars [b], [c]; cf. People ex rel. Petite v Follette, 24 N.Y.2d 60; Matter of Al Sabaa [Cyril Morgan...

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