183 Misc. 113 | New York County Courts | 1944
The defendant by an order to show cause directed to the District Attorney and the presiding Justice of the Peace has moved for the remission of the defendant’s fine and for a determination as to his sentence under section 2193 of the Penal Law.
The defendant’s request for credit for time spent at Napanoch nevertheless presents an interesting question. Subdivision 1 of section 2193 of the Penal Law prescribes: “ 1. Any time spent by a person convicted of a crime in a prison or jail prior to his conviction and before sentence has been pronounced upon him, shall become and be calculated as a part of the term of the sentence imposed upon him * * * Section 438 of the Correction Law provides that a male mental defective over sixteen years of age convicted of a criminal offense may be committed to Napanoch upon the certification of two qualified examiners. If this institution can be considered a prison, then the defendant is entitled to credit for time spent there as well as time spent in a county jail previous to sentence. A prison has been defined as follows: “ A public building or other place for the confinement or safe custody of persons, whether as a punishment imposed by the law or otherwise in the course of the administration of justice ” (Black’s Law Dictionary [3d ed.]). Along the same line the Legislature has defined as follows: “ Definition of Prison. — The term, 1 prison,’ as used in this article, means any place designated by law for the keeping of persons held in custody under process of law, or under lawful arrest.” (Penal Law, § 1690.)