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McGINNIS v. ROYSTER

No. 71-718.

410 U.S. 263 (1973)

93 S.Ct. 1055

35 L.Ed.2d 282

McGINNIS, COMMISSIONER OF CORRECTION, ET AL. v. ROYSTER ET AL.

Supreme Court of United States.

Decided February 21, 1973.

Attorney(s) appearing for the Case

Michael Colodner, Assistant Attorney General of New York, argued the cause for appellants. With him on the briefs were Louis J. Lefkowitz, Attorney General, and Samuel A. Hirshowitz, First Assistant Attorney General.

G. Jeffery Sorge argued the cause for appellees pro hac vice. With him on the brief were James J. McDonough and Matthew Muraskin by appointment of the Court, 406 U.S. 955.

MR. JUSTICE POWELL delivered the opinion of the Court.

The question before us concerns the constitutionality of § 230 (3) of the New York Correction Law, which denied appellee state prisoners "good time" credit for their presentence incarceration in county jails.1 Appellees claim that disallowing such credit to them while permitting credit up to the full period of ultimate incarceration for...

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