PEOPLE EX REL. KNOX v. KELLY


126 A.D.2d 318 (1987)

The People of the State of New York ex rel. Jerry Lee Knox, Appellant, v. Walter R. Kelly, as Superintendent, Attica Correctional Facility, et al., Respondents

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

April 3, 1987


Attorney(s) appearing for the Case

Prisoners Legal Services of New York (Ellen Yacknin of counsel), for appellant.

Robert Abrams, Attorney-General (Gail Mitchell of counsel), for respondent.

DENMAN, J. P., PINE, BALIO and DAVIS, JJ., concur.


BOOMER, J.

Relator appeals from an order dismissing his petition for a writ of habeas corpus. His petition alleges that his sentences have been satisfied by jail time credit, which respondent improperly refused to grant. Relator argues that, under Penal Law § 70.30 (3), he should have been granted credit against his recent sentences for the time he served both in prison and on parole following his conviction...

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