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PETERSON v. CORRECTIONAL

100 A.D.2d 73 (1984)

In the Matter of Larry Peterson, Appellant, v. New York State Department of Correctional Services, Respondent

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

March 12, 1984

Attorney(s) appearing for the Case

William D. Gibney and David C. Leven for appellant.

Robert Abrams, Attorney-General (Melvyn Leventhal, Gerald Ryan and Burton Herman of counsel), for respondent.

MANGANO, O'CONNOR and BROWN, JJ., concur.

TITONE, J. P.

The sole issue on this appeal is whether petitioner, Larry Peterson, presently serving concurrent sentences for robbery in the second degree and attempted possession of a weapon in the third degree, is entitled to mandatory jail time credit, by virtue of subdivision 3 of section 70.30 of the Penal Law,1 for 191 days spent in Federal custody on an unrelated charge. We...

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