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MATTER OF RUBIO v. NEW YORK STATE DEP'T OF CORR. SERVS.

191 A.D.2d 1044 (1993)

595 N.Y.S.2d 704

In the Matter of Angel Rubio, Respondent, v. New York State Department of Correctional Services, Appellant. (Appeal No. 1.)

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

March 12, 1993

Judgment unanimously reversed on the law and petition dismissed.

Memorandum:

Supreme Court erred in directing that jail time credit be awarded to petitioner for the time he was held in Federal custody prior to the imposition of his State sentence on unrelated charges. Supreme Court, Kings County, directed that the indeterminate term imposed for the State crime run concurrently with a definite term previously imposed by Federal District Court. "Penal Law &...

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