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Matter of Temple

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 15, 1944
267 App. Div. 940 (N.Y. App. Div. 1944)

Opinion

March 15, 1944.

Present — Cunningham, P.J., Taylor, Dowling, Harris and Larkin, JJ.


Order affirmed, without costs of this appeal to any party. Memorandum: We regard the sentence of July 31, 1935, as a sentence of fifteen years made nunc pro tunc as of the date of the sentence of April 24, 1933. Good behavior time, if granted, should be on the basis of such a nunc pro tunc sentence, with due regard, however, being given to the time which was served on the previously owed sentence and the period spent in jail. All concur. (The order dismisses the writ and remands petitioner into custody.)


Summaries of

Matter of Temple

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 15, 1944
267 App. Div. 940 (N.Y. App. Div. 1944)
Case details for

Matter of Temple

Case Details

Full title:In the Matter of JOSEPH TEMPLE, Appellant. JOSEPH H. BROPHY, as Warden of…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 15, 1944

Citations

267 App. Div. 940 (N.Y. App. Div. 1944)