AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

In the Matter of JEAN POOLE, Appellant, v. RICHARD J. KOEHLER, as Commissioner of the New York City Department of Correction, et al., Respondents.

Ordered that the judgment is affirmed, without costs or disbursements.

We agree with the Supreme Court that the respondents correctly excluded from their computation of the petitioner's jail-time credit the period of time she resided at Project Green Hope, a private residential rehabilitation center for women, as a condition of being released on her own recognizance while awaiting disposition of her case (see, Correction Law § 600-a; Penal Law § 70.30). Although she was subject to a number of rules and regulations while in residence there, the petitioner was not "in custody" for purposes of jail-time credit under Penal Law § 70.30 (3) (see, Matter of Hawkins v. Coughlin, 132 A.D.2d 381, affd 72 N.Y.2d 158; People v. Graham, 89 A.D.2d 671). Kunzeman, J.P., Kooper and Sullivan, JJ., concur.

Harwood, J., concurs on constraint of Matter of Hawkins v Coughlin ( 132 A.D.2d 381, affd 72 N.Y.2d 158).

Use AI to get other relevant cases.

Comments

MATTER OF POOLE v. KOEHLER
(Apr 16, 1990)