MATTER OF HAWKINS v. COUGHLIN


72 N.Y.2d 158 (1988)

In the Matter of Joseph Hawkins, Also Known as Joseph Davis, Appellant, v. Thomas a Coughlin, III, as Commissioner of the New York State Department of Correctional Services, et al., Respondents.

Court of Appeals of the State of New York.

Decided July 12, 1988.


Attorney(s) appearing for the Case

Lynn W. L. Fahey and Philip L. Weinstein for appellant.

Robert Abrams, Attorney-General (Burton Herman of counsel), for Thomas A. Coughlin, III, respondent.

Peter L. Zimroth, Corporation Counsel (John Hogrogian of counsel), for Jacqueline McMickens, respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur.


ALEXANDER, J.

Petitioner, an inmate at a State correctional institution, was convicted of robbery, incarcerated for approximately 3½ years, and paroled. While on parole, he was arrested for a second offense. Subsequently, the robbery conviction was determined to have been unconstitutionally obtained, was reversed, and that indictment dismissed. Petitioner now seeks credit for the time he served on the invalid...

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