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People v. Cavelli

The People of the State of New York v. Archie Cavelli

People v. Cavelli, 409 N.E.2d 924 (N.Y. 1980)
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Court
New York Court of Appeals · State Highest Courts
Decided
June 12, 1980
Citations
409 N.E.2d 92450 N.Y.2d 919431 N.Y.S.2d 4501980 N.Y. LEXIS 2481
Cited by 11

Opinion of the Court

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OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant’s inadvertent release from custody prior to service of his full sentence does not divest the courts of jurisdiction to order his reincarceration. A violation of CPL 430.10, which prohibits change, suspension or interruption of a legally imposed sentence once it has commenced, is remedied by computing the defendant’s remaining term on the basis of his original sentence and date of imprisonment and by granting him credit for both such time as he has already served and such time as is attributable to the authorities’ error in releasing him (see People ex rel. Reynolds v Martin, 3 NY2d 217, 223 ; People ex rel. Rainone v Murphy, 1 NY2d 367 ). While, in certain cases, a court may, as a matter of due process, lose jurisdiction over a defendant either because his sentence has been interrupted for a lengthy period or because he has otherwise been subjected to significant prejudice (cf. People ex rel. Harty v Fay, 10 NY2d 374 ), under the circumstances here it was not unreasonable as a matter of law to require service of the balance of the one-year sentence.

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

Order affirmed in a memorandum.

How later courts describe this case

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

Cited by 11 cases

View all citing references →
1980: 11981: 21987: 11988: 11990: 11991: 11997: 11998: 12010: 12011: 119802026peak 1981 · 2

Relies on it most ⓘ

  1. District of Columbia v. Tinker691 A.2d 57 (D.C. 1997)
  2. People v. Gammon30 Misc. 3d 46 (2010)
  3. People ex rel. Shargel v. Coughlin105 Misc. 2d 827 (N.Y. Sup. Ct. 1980)
  4. People v. Stevens692 N.E.2d 985 (N.Y. 1998)
  5. People ex rel. Spinks v. Harris422 N.E.2d 569 (N.Y. 1981)
  6. People v. Minaya78 A.D.2d 358 (1981)

Most recent

  1. Goodson v. New York State Department of Correctional Services80 A.D.3d 1064 (2011)
  2. People v. Gammon30 Misc. 3d 46 (2010)
  3. People v. Stevens692 N.E.2d 985 (N.Y. 1998)
  4. District of Columbia v. Tinker691 A.2d 57 (D.C. 1997)
  5. People ex rel. Mazzitelli v. Warden, Nassau County Correctional Center171 A.D.2d 830 (1991)
  6. Franks v. Koehler159 A.D.2d 213 (1990)

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 3

DepthCaseCited by
People ex rel. Harty v. Fay, 179 N.E.2d 483 (N.Y. 1961) 47
People ex rel. Rainone v. Murphy, 135 N.E.2d 567 (N.Y. 1956) 13
People ex rel. Reynolds v. Martin, 144 N.E.2d 20 (N.Y. 1957) 5

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