PEO EX REL BAILEY v. NETZEL


169 Misc.2d 623 (1995)

647 N.Y.S.2d 343

The People of the State of New York ex rel. Jerry Bailey, Relator, v. Frederick Netzel, as Superintendent of Erie County Correctional Facility, Respondent.

Supreme Court, Erie County.

November 28, 1995


Attorney(s) appearing for the Case

Daniel J. Weinstein, Buffalo, for relator. Kenneth A. Schoetz, County Attorney of Erie County, Buffalo (James L. Tuppen of counsel), for respondent.


JOSEPH S. FORMA, J.

This petition for writ of habeas corpus raises the issue of proper crediting of prior time served upon a violation of probation conviction which originally encompassed an intermittent sentence. The operative facts are not in dispute.

Relator was sentenced to a term of 6 months' intermittent incarceration with probation which equated to 54 days of actual confinement. The subsequent sentence of probation was revoked and replaced...

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