PEOPLE EX REL. COOK v. SMITH


52 A.D.2d 1085 (1976)

The People of the State of New York ex rel. David Cook, Respondent, v. Harold J. Smith, as Superintendent of Attica Correctional Facility, Appellant

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

May 28, 1976


Judgment unanimously reversed, on the law, writ dismissed and relator remanded to the custody of the Superintendent of Attica Correctional Facility.

Memorandum:

In a prior article 78 proceeding County Court properly held that time served in a local jail must be allowed against the minimum sentence when fixed by the parole board, and properly applied subdivision 2-a of section 212 of the Correction Law requiring that where the minimum set by the board is "more...

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