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PEOPLE EX REL. TURANO v. CUNNINGHAM

57 A.D.2d 801 (1977)

The People of the State of New York ex rel. Francis Turano, Also Known as Frank Turano, by Richard G. Handler, Appellant, v. John Cunningham, as Warden of The New York Correctional Institution for Men, Respondent. [53.] the People of the State of New York ex rel. Victor Phillips, by Frederic A. Strom, Appellant, v. John Cunningham, as Warden of The New York Correctional Institution for Men, Respondent. [53A; M-1000.]

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

May 24, 1977

Relator appellant, under intermittent sentence (Penal Law, art 85), has sued to compel respondent warden to consider him for "good time" allowance (Correction Law, § 804, subd 1). It seems to us that the cited statute, which refers to one "confined in an institution serving a definite sentence of imprisonment" (our emphasis) forecloses consideration being given to one sentenced under article 85. Our dissenting brother, arguing that subdivision 1 of section 85...

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