Majority
p. 1041In the Matter of Cesar Sanchez, Appellant, v Thomas
p. 1042A. Coughlin, III, as Commissioner of the New York State Department of Correctional Services, et al., Respondents. [614 NYS2d 962]
—Judgment unanimously affirmed. Memorandum: Supreme Court properly declined to credit petitioner with additional jail time served under a vacated sentence against the maximum term of a sentence imposed upon petitioner’s subsequent conviction for a separate offense (see, Penal Law § 70.30 [3]; see also, Matter of Hawkins v Coughlin, 72 NY2d 158 ; People v Meredith, 172 AD2d 364 , Iv denied 78 NY2d 1078 ). (Appeal from Judgment of Supreme Court, Wyoming County, Griffith, J.—Article 78.) Present—Denman, P. J., Fallon, Wesley, Davis and Boehm, JJ.
Cases cited
- Hawkins v. Coughlin 72 NY2d 158 p. 1042
- People v. Meredith 172 AD2d 364 p. 1042