The issue before us is whether petitioner is entitled to credit for time spent on parole after his original sentence for criminal possession of a controlled substance in the third degree was vacated on April 23, 1984 until he was discharged from parole on October 31, 1985. Defendant's original sentence was vacated because he was not sentenced as a second felony offender by the trial court as required by CPL 440.40 (1). Supreme Court, relying...
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