Summary
In Middleton the petitioner sought credit for time in custody prior to the imposition of any sentence. Since no sentence was being served during that period, the time was not already committed to a previously imposed sentence.
Summary of this case from Matter of Kalamis v. SmithOpinion
Argued January 10, 1975
Decided February 18, 1975
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOSEPH F. HAWKINS, J.
Louis J. Lefkowitz, Attorney-General ( David H. Berman and Samuel A. Hirshowitz of counsel), for appellant.
Lewis H. Silverman and Bernard R. Bacharach for respondent.
Order affirmed, without costs, on the memorandum at the Appellate Division.
Concur: Judges JONES, WACHTLER, FUCHSBERG and COOKE. Chief Judge BREITEL and Judges JASEN and GABRIELLI dissent and vote to reverse on the dissenting memorandum at the Appellate Division.