MATTER OF VERGARI v. WARD


60 A.D.2d 949 (1978)

In the Matter of Carl A. Vergari, as District Attorney of Westchester County, Appellant, v. Benjamin Ward, as Commissioner of The Department of Correctional Services, et al., Respondents

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

January 19, 1978


The petitioner contends that as a matter of law the respondents erred in computing the parole eligibility dates of multiple offenders by crediting them with time served on a prior undischarged sentence for purposes of the minimum period of a newly imposed concurrent sentence (Penal Law, § 70.30, subd 1, par [a]; § 70.25, subd 1). While petitioner characterizes the credit of time served on prior sentences in computing the minimum served on a subsequent concurrent...

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