General

The People of the State of New York, Respondent, v. George M. Leonard, Jr., Appellant

133 A.D.2d 938·New York Supreme Court, Appellate Division·1987·NY

Brief incoming

Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.

Opinion

The People of the State of New York, Respondent, v George M. Leonard, Jr., Appellant. [MAJORITY — — Mahoney, P. J.] — Mahoney, P. J. Appeal from a judgment of the County Court of Albany County (Turner, Jr., J.), rendered November 21, 1986, which revoked defendant’s probation and imposed a sentence of imprisonment. Defendant pleaded guilty to a charge of violation of probation and was sentenced to an indeterminate term of imprisonment of 1 to 3 years. He now contends that certain jail time should be credited against his sentence. This issue is not properly raised on a direct appeal from a judgment of conviction, but by way of a CPLR article 78 proceeding challenging the prison authorities’ calculation of the sentence (People v Vivenzio, 103 AD2d 1044, 1045). Defendant raises no other contention. Judgment affirmed. Mahoney, P. J., Main, Weiss, Mikoll and Yesawich, Jr., JJ., concur.