PEOPLE v. MONTGOMERY


115 A.D.2d 102 (1985)

The People of the State of New York, Respondent, v. Guy Montgomery, Jr., Appellant

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

November 15, 1985


Main, J. P.

On April 19, 1979, defendant was sentenced after he pleaded guilty to the crime of attempted robbery in the second degree. The sentence called for 60 days to be served in the Albany County Jail and five years' probation, commencing on that same day. Because defendant had already been in the Albany County Jail for more than 60 days after his arrest, County Court deemed that portion of the sentence to have been served. As for the probation portion...

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