New York Law Review

Resnick v. New York State Department of Correctional Services, 42 N.Y.2d 814 (1977): Jail Time Credit Cannot Be Applied to Multiple Sentences

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Resnick v. New York State Department of Correctional Services, 42 N.Y.2d 814 (1977)

Jail time credit for time spent in custody cannot be applied towards multiple sentences if that time has already been credited against a previously imposed sentence.

Summary

Resnick, while on parole for a 1970 conviction, was arrested in 1973 for new offenses and released on bail. He was then rearrested on a parole violation warrant related to the 1970 conviction. After initially having his parole delinquency canceled and being restored to parole, Resnick eventually pleaded guilty to robbery in 1975 and received a new sentence. He sought jail time credit for the period he was held on the parole violation warrant. The New York Court of Appeals held that Resnick was not entitled to jail time credit for the time he was held on the parole violation warrant, as that time was already being credited against his 1970 sentence. Allowing credit against the new sentence would constitute a double credit, which is prohibited by law.

Facts

  • July 20, 1970: Resnick was sentenced to a five-year prison term, set to expire on January 4, 1975.
  • September 26, 1973: While on parole, Resnick was arrested for new offenses in Kings County and released on bail on October 1, 1973.
  • October 3, 1973: Resnick was rearrested and held on a parole violation warrant related to his 1970 conviction.
  • November 30, 1973: Bail was exonerated.
  • June 27, 1974: After a parole revocation hearing where his delinquency was canceled pending the resolution of the new charges, the parole violation warrant was withdrawn, and Resnick was restored to parole after posting bail.
  • December 1, 1975: Resnick pleaded guilty to robbery in the second degree for the 1973 offenses and received a three-to-six-year sentence.

Procedural History

Resnick sought jail time credit for the time he was held on the parole violation warrant. The Supreme Court, Dutchess County, dismissed the petition. The Appellate Division modified the judgment. The New York Court of Appeals reversed the Appellate Division’s order and reinstated the Supreme Court’s dismissal.

Issue(s)

Whether a defendant is entitled to jail time credit for a period of custody pursuant to a parole violation warrant when that time has already been credited against a previously imposed sentence.

Holding

No, because Penal Law § 70.30(3) prohibits granting jail time credit for any time already credited against a prior sentence.

Court’s Reasoning

The Court of Appeals reasoned that granting Resnick jail time credit for the period he was held on the parole violation warrant would amount to impermissible double crediting. The court cited Correction Law § 212(7) and Penal Law § 70.40(3)(c), which dictate that time spent in custody on a parole violation warrant is credited against the original sentence. The court relied on prior case law, specifically Matter of Canada v. McGinnis, 36 A.D.2d 830, aff’d 29 N.Y.2d 853, and Matter of Kalamis v. Smith, 42 N.Y.2d 191, 200, to support its conclusion that double credit is not permitted. The court emphasized that subdivision 3 of section 70.30 of the Penal Law explicitly states that jail time credit

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