PEOPLE v. GILMORE


63 A.D.2d 45 (1978)

The People of the State of New York, Respondent, v. Walter Gilmore, Also Known as Gilmore Walter, Appellant

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

July 17, 1978


Attorney(s) appearing for the Case

William E. Hellerstein (Judith Preble of counsel), for appellant.

Eugene Gold, District Attorney (Steven Menaker of counsel), for respondent.

MOLLEN, P. J., HOPKINS, SUOZZI and O'CONNOR, JJ., concur.


SHAPIRO, J.

The question involved on this appeal is whether the defendant, when found guilty of violation of probation, was entitled to jail time credit for the time he was out on the street on probation. We hold that he was not and, therefore, the amended judgment appealed from should be affirmed.

The defendant was indicted in 1970 for manslaughter in the first degree. On May 12, 1971 he pleaded guilty...

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