MTR BAILEY v. PETZKE


111 Misc.2d 131 (1981)

In the Matter of Chunon Bailey, Petitioner, v. John Petzke, as Head Clerk of Elmira Correctional Facility, et al., Respondents.

Supreme Court, Special Term, Chemung County.

October 5, 1981


Attorney(s) appearing for the Case

Maria Colavito for petitioner. Robert Abrams, Attorney-General (Edward Knecht of counsel), for respondents.


FREDERICK B. BRYANT, J.

In this proceeding brought pursuant to CPLR article 78 the petitioner challenges the respondents' refusal to credit him with prior sentence time pursuant to section 70.30 (subd 1, par [a]) of the Penal Law.

On July 26, 1976 the petitioner was sentenced in Kings County to an indeterminate confinement with a maximum term of three years. He was released in 1978, on parole, having served 19 months of his 36-month term.

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