From Casetext: Smarter Legal Research

People v. O'Garro

Appellate Division of the Supreme Court of New York, Second Department
May 30, 1989
150 A.D.2d 809 (N.Y. App. Div. 1989)

Opinion

May 30, 1989

Appeal from the County Court, Nassau County (Santagata, J.).


Ordered that the sentences are affirmed insofar as appealed from.

Contrary to the defendant's contention, the sentencing court did not improperly refuse to direct that he be given credit against the minimum and maximum terms of these 1986 sentences for jail time he served prior to the imposition of his 1985 sentence (see, Penal Law § 70.30; Matter of Kalamis v Smith, 42 N.Y.2d 191, 195-200; Matter of Gonzalez v Kearney, 62 A.D.2d 345; Matter of Canada v McGinnis, 36 A.D.2d 830, affd 29 N.Y.2d 853; People ex rel. Coates v Martin, 8 A.D.2d 688).

We have considered the defendant's other contentions and find them to be without merit. Mangano, J.P., Brown, Lawrence, Kooper and Harwood, JJ., concur.


Summaries of

People v. O'Garro

Appellate Division of the Supreme Court of New York, Second Department
May 30, 1989
150 A.D.2d 809 (N.Y. App. Div. 1989)
Case details for

People v. O'Garro

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY O'GARRO…

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

Date published: May 30, 1989

Citations

150 A.D.2d 809 (N.Y. App. Div. 1989)
541 N.Y.S.2d 616

Citing Cases

Matter of McCormack v. Kuhlmann

This Court has held that time during which a person is on parole is not to be credited toward the time to be…