People ex rel. Davis v. Arnette, 44 N.Y.2d 877 (1978)

When a prisoner is held under several charges, jail time must be credited against all of them until there is a commencement of imprisonment upon sentencing.

Summary

The New York Court of Appeals held that when a defendant is held on multiple charges, jail time credit must be applied to all charges until a sentence is imposed. The court reasoned that the application of jail time to one charge (resulting in a “time served” sentence) does not preclude its application to other pending charges. This is because until a sentence is imposed on a particular charge, the jail time is attributable to all outstanding charges, preventing the jail time from becoming a “previously imposed sentence” that would bar its use as jail time credit against other sentences.

Facts

The relator was arrested on September 27, 1974, and held under three outstanding warrants: one for a 1972 robbery, one for a 1974 burglary, and one for an unrelated 1974 misdemeanor. On November 25, 1974, he was sentenced to “time served” on the misdemeanor charge. On February 6, 1975, he received a sentence of zero to three years on the robbery charge. On October 15, 1975, he was sentenced to one and a half to three years for the burglary charge, to run concurrently with the robbery sentence.

Procedural History

The case originated as a habeas corpus proceeding. The specific procedural history prior to the Court of Appeals decision is not detailed in the memorandum opinion, but the Court of Appeals reviewed and affirmed the decision of the lower court (Appellate Division).

Issue(s)

Whether jail time credit, already applied to satisfy a “time served” sentence on one charge, can also be applied as jail time credit against other pending charges arising from separate incidents.

Holding

Yes, because when a prisoner is held under several charges, jail time must be credited against all of them until there is a commencement of imprisonment upon sentencing.

Court’s Reasoning

The Court of Appeals relied on its prior decisions in Matter of Collins v. Vincent, 42 N.Y.2d 191 (1977), and Matter of Manning v. Vincent, 37 N.Y.2d 724 (1975), stating: “When a prisoner is held under several charges, jail time must be credited against all of them until there is a commencement of imprisonment upon sentencing.” The court reasoned that applying jail time to the misdemeanor charge did not transform it into a “previously imposed sentence” under Penal Law § 70.30(3). Therefore, the time spent in custody between September 27 and November 25, 1974, could be credited against the robbery and burglary sentences as well. The court distinguished this situation from one where a sentence has already been imposed and served before the subsequent charges. The key factor is that the jail time was incurred while the relator was being held on multiple charges, and no sentence had yet been imposed on the robbery and burglary charges. The Court’s decision ensures that defendants receive proper credit for time served while awaiting trial and sentencing on multiple charges, preventing the unjust denial of credit simply because one charge was resolved quickly.