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County of Nassau v. Cuomo

Court of Appeals of the State of New York
Jan 20, 1987
69 N.Y.2d 737 (N.Y. 1987)

Summary

In Cuomo, the New York Court of Appeals affirmed an order of the New York Supreme Court, in favor of Nassau County, directing the Department of Correctional Services to accept all state-ready prisoners within fourteen days of sentencing.

Summary of this case from Wallace v. Conroy

Opinion

Argued January 13, 1987

Decided January 20, 1987

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, George A. Murphy, J.

James M. Catterson, Jr., William H. Pauley, III, and Margaret Gibbons-Trefny for appellant.

Robert Abrams, Attorney-General (David A. Smith, O. Peter Sherwood, Ann Horowitz and Howard Zwickel of counsel), for respondents.



MEMORANDUM.

The order of the Appellate Division should be modified, without costs, in accordance with this memorandum and, as so modified, affirmed for the reasons stated by the Appellate Division ( 121 A.D.2d 428).

The Appellate Division declared that the county is obliged to accept for detention all alleged parole violators whose parole is supervised in Nassau County. However, Executive Law § 259-i (3) (a) (i) unambiguously provides that Nassau County is responsible for lodging alleged parole violators arrested within the county. Thus, that portion of the declaration should be modified to compel the county to accept for detention all alleged parole violators who are arrested within Nassau County.

The courts below reached their considered decisions concerning the number of days after which the State must accept prisoners based upon a period measured from sentencing (see, Crespo v Hall, 56 N.Y.2d 856; CPL 430.20), rather than from the date of State-readiness (see, Correction Law §§ 600-a, 601). Both parties now urge for the first time before this court that the State's obligation to accept a prisoner "forthwith" (CPL 430.20) commences when the prisoner becomes State-ready, rather than upon sentencing, and ask us to determine the lawful period measured from the date of State-readiness. We cannot, however, consider such an issue for the first time on appeal.

Judges SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur; Chief Judge WACHTLER and Judge BELLACOSA taking no part.

Order modified, without costs, in accordance with the memorandum herein and, as so modified, affirmed.


Summaries of

County of Nassau v. Cuomo

Court of Appeals of the State of New York
Jan 20, 1987
69 N.Y.2d 737 (N.Y. 1987)

In Cuomo, the New York Court of Appeals affirmed an order of the New York Supreme Court, in favor of Nassau County, directing the Department of Correctional Services to accept all state-ready prisoners within fourteen days of sentencing.

Summary of this case from Wallace v. Conroy

In County of Nassau v. Cuomo (69 N.Y.2d 737), Supreme Court and the Appellate Division had directed the State Department of Correctional Services to accept all State-ready prisoners within 14 days of their sentencing, as opposed to from the date of State readiness.

Summary of this case from People
Case details for

County of Nassau v. Cuomo

Case Details

Full title:COUNTY OF NASSAU, Appellant, v. MARIO M. CUOMO, as Governor and Chief…

Court:Court of Appeals of the State of New York

Date published: Jan 20, 1987

Citations

69 N.Y.2d 737 (N.Y. 1987)
512 N.Y.S.2d 362
504 N.E.2d 689

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