MATTER OF OLEANDI v. RUSSI


144 A.D.2d 976 (1988)

In the Matter of Anthony Oleandi, Respondent, v. Raul Russi, as Superintendent of Erie County Holding Center, et al., Appellants

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

November 15, 1988


Judgment unanimously reversed on the law and petition dismissed.

Memorandum:

Petitioner was not entitled to credit for time he spent in jail before he was delivered to the Federal authorities because this time was credited to the undischarged term of his previously imposed Federal sentence. Penal Law § 70.30 (3) expressly provides that jail time "shall not include any time that is credited against the term or maximum term of any previously imposed sentence...

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