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Matter of Scruggs v. Hanslmaier

Appellate Division of the Supreme Court of New York, Third Department
Jun 1, 1995
216 A.D.2d 622 (N.Y. App. Div. 1995)

Opinion

June 1, 1995

Appeal from the Supreme Court, Sullivan County (Kane, J.).


In June 1978, petitioner was convicted after a jury trial of 13 counts of a 25-count indictment and was sentenced to 12 1/2 to 25 years in prison. He served time in prison from September 14, 1978 to November 26, 1979 pending a trial on the remaining counts of the indictment. After a second trial, defendant was convicted of the remaining counts and was sentenced to 25 years to life in prison, but this sentence was subsequently vacated in 1989 and he was resentenced to 12 1/2 to 25 years, nunc pro tunc, as of November 26, 1979. Upon review of the record, we reject defendant's claim that respondent failed to properly credit him with time served pending his second trial. Rather, we find that respondent calculated defendant's sentence in accordance with the applicable provisions of the Penal Law.

Mikoll, J.P., Mercure, Crew III, White and Yesawich Jr., JJ., concur. Ordered that the judgment is affirmed, without costs.


Summaries of

Matter of Scruggs v. Hanslmaier

Appellate Division of the Supreme Court of New York, Third Department
Jun 1, 1995
216 A.D.2d 622 (N.Y. App. Div. 1995)
Case details for

Matter of Scruggs v. Hanslmaier

Case Details

Full title:In the Matter of ROBERT SCRUGGS, Appellant, v. ROBERT HANSLMAIER, as…

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

Date published: Jun 1, 1995

Citations

216 A.D.2d 622 (N.Y. App. Div. 1995)
627 N.Y.S.2d 588