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People v. Foster

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 12, 1976
54 A.D.2d 1124 (N.Y. App. Div. 1976)

Opinion

November 12, 1976

Appeal from the Erie Supreme Court.

Present — Cardamone, J.P., Mahoney, Goldman and Witmer, JJ.


Order unanimously reversed and motion for resentence granted in accordance with the following memorandum: The judgment insofar as it imposes sentence is modified as a matter of discretion in the interest of justice to credit appellant on his minimum sentence of one year (maximum life) with the time he has served in the State of Pennsylvania (CPL 470.15, subd 2, par [c]; 470.15, subd 3, par [c]; see Hechtman, Supplementary Practice Commentaries, McKinney's Cons Laws of NY, Book 39, Penal Law, 1976-1977 Pocket Part, § 70.20, pp 36-37).


Summaries of

People v. Foster

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 12, 1976
54 A.D.2d 1124 (N.Y. App. Div. 1976)
Case details for

People v. Foster

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DENNIS RAY FOSTER…

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

Date published: Nov 12, 1976

Citations

54 A.D.2d 1124 (N.Y. App. Div. 1976)