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MATTER OF McDOUGAL v. VINCENT

51 A.D.2d 737 (1976)

In the Matter of James McDougal, 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.

February 2, 1976

Judgment affirmed, without costs or disbursements.

By statute, petitioner is precluded from receiving a credit of 142 days against the minimum period of his present sentence. That time was credited against a previously imposed sentence to which he is also subject (see Penal Law, § 70.30, subd 3). Petitioner will be ineligible for parole until he has served the minimum period of his present sentence (see Penal Law, &...

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