New York Court of Appeals, 1978

People Ex Rel. Bridges v. Malcolm

New York Court of Appeals · Decided May 31, 1978 · Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke

44 N.Y.2d 875; 44 N.Y. 875; 379 N.E.2d 156; 407 N.Y.S.2d 628; 1978 N.Y. LEXIS 2070

Cases that cite this one

16 later published cases cite this decision.

State v. Hoch (Idaho 1981)
State v. Dameniel Preston Owens (Idaho 2015)
State v. Scott (W. Va. 2003)
Massey v. People (Colo. 1987)
Endell v. Johnson (Alaska Ct. App. 1987)
Matter of Manley v. Annucci (Appellate Division of the Supreme Court of New York 2018)
People v. Scantleberry (Appellate Division of the Supreme Court of New York 1984)
State v. Price (Mont. 2002)
People ex rel. Thomas v. Murray (Appellate Division of the Supreme Court of New York 2002)
People ex rel. DeFlumer v. Strack (Appellate Division of the Supreme Court of New York 1995)
People v. Young (Appellate Division of the Supreme Court of New York 1990)
People v. Troia (Appellate Division of the Supreme Court of New York 1983)
McBride v. Coughlin (New York Supreme Court 1981)
Siveke v. Keena (New York Supreme Court 1981)
People v. Didio (Appellate Division of the Supreme Court of New York 1980)
People ex rel. Davis v. Arnette (N.Y. 1978)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.