MATTER OF MABERY v. MANN


197 A.D.2d 736 (1993)

602 N.Y.S.2d 440

In the Matter of Fred Mabery, Appellant, v. Louis F. Mann, as Superintendent of Shawangunk Correctional Facility, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 7, 1993


Petitioner was not entitled to have his New York prison sentence run concurrently with the sentence he was serving in North Carolina at the time he was sentenced in New York (see, Penal Law § 70.25 [4]; § 70.30 [2-a]). Consequently, were we to assume that respondent had an obligation to certify good time accrued by an inmate, petitioner is not presently eligible for release from his New York sentence and, given that the availability of good time credit will...

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