TaiLexi AI U.S. Case Law

People ex rel. Bridges v. Malcolm

The People of the State of New York Ex Rel. John Bridges, Also Known as John Reynolds, Also Known as William Scott, Respondent, v. Benjamin Malcolm, as Commissioner of the New York City Department of Corrections, Appellant, Et Al., Respondent

People ex rel. Bridges v. Malcolm, 379 N.E.2d 156 (N.Y. 1978)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
New York Court of Appeals · State Highest Courts
Decided
May 31, 1978
Judges
Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke
Citations
379 N.E.2d 15644 N.Y.2d 87544 N.Y. 875407 N.Y.S.2d 6281978 N.Y. LEXIS 2070
Cited by 16

Opinion

OPINION OF THE COURT Memorandum.

When relator was arrested on September 27, 1974, there were three warrants outstanding against him — for a 1972 *877 robbery, for a 1974 burglary, and for an unrelated 1974 misdemeanor. On November 25, 1974 he was sentenced to "time served” on the misdemeanor charge; on February 6, 1975 he received zero to three years on the robbery charge; on October 15, 1975 a sentence of one and a half to three years was imposed in satisfaction of the burglary charge (to run concurrently with the robbery sentence). When a prisoner is held under several charges, jail time must be credited against all of them until there is a commencement of imprisonment upon sentencing (Matter of Collins v Vincent, 42 NY2d 191, 200-202 ;

Matter of Manning v Vincent, 37 NY2d 724 ). Thus the fact that the time already spent in custody was applied in full satisfaction of the sentence for the misdemeanor did not cause it to become a "previously imposed sentence” (Penal Law § 70.30, subd 3) so as to bar utilization of the days spent in custody between September 27 and November 25, 1974 as jail time credit against the robbery and burglary sentences as well (People ex rel. Davis v Arnette, 44 NY2d 877 [decided herewith]).

Accordingly, the order of the Appellate Division should be affirmed.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.

Order affirmed, without costs, in a memorandum.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 16 cases

View all citing references →
1978: 11980: 11981: 31983: 11984: 11987: 21990: 11995: 12002: 22003: 12015: 12018: 119782026peak 1981 · 3

Relies on it most ⓘ

  1. State v. Hoch630 P.2d 143 (Idaho 1981)
  2. State v. Dameniel Preston Owens343 P.3d 30 (Idaho 2015)
  3. Massey v. People736 P.2d 19 (Colo. 1987)
  4. Endell v. Johnson738 P.2d 769 (Alaska Ct. App. 1987)
  5. State v. Scott585 S.E.2d 1 (W. Va. 2003)
  6. Manley v. Annucci2018 NY Slip Op 8603

Most recent

  1. Manley v. Annucci2018 NY Slip Op 8603
  2. State v. Dameniel Preston Owens343 P.3d 30 (Idaho 2015)
  3. State v. Scott585 S.E.2d 1 (W. Va. 2003)
  4. State v. Price2002 MT 150, 50 P.3d 530
  5. People ex rel. Thomas v. Murray295 A.D.2d 930 (2002)
  6. People ex rel. DeFlumer v. Strack212 A.D.2d 555 (1995)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Kalamis v. Smith, 366 N.E.2d 781 (N.Y. 1977) 42
Manning v. Vincent, 337 N.E.2d 129 (N.Y. 1975) 5

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list