SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT
June 13, 1968
IN THE MATTER OF NICHOLAS ANGELO, APPELLANT,
WARDEN OF THE PENITENTIARY OF THE CITY OF NEW YORK, RESPONDENT
Concur -- Stevens, J. P., Steuer, Tilzer, McGivern and McNally, JJ.
The record before us is inadequate to determine the sentence imposed. Petitioner cannot receive credit on five different sentences for the same period of time with which he was incarcerated prior to sentence. (Matter of Brady v. New York State Board of Parole, 36 Misc. 2d 159; see, also, People ex rel. Fernandez v. Kaiser, 230 App. Div. 646, affd. 256 N. Y. 581, cert. den. 284 U.S. 631.
Order entered January 9, 1968 denying application pursuant to CPLR 7801 for an order directing the Warden of the New York City Penitentiary to amend his records, unanimously reversed, on the law and the facts, without costs or disbursements, and the cause is remanded for a hearing and appropriate applications.
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