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MATTER OF SULLIVAN v. SIELAFF

205 A.D.2d 459 (1994)

615 N.Y.S.2d 990

In the Matter of Daniel Sullivan, Respondent, v. Allyn Sielaff, as Correction Commissioner of The City of New York, Appellant

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

June 30, 1994

The IAS Court correctly credited the 2½ to 5 year sentence petitioner received under Indictment No. 5847/91 with the 248 days of jail time he served under Indictment No. 5910/87, since this time had not already been credited against a "previously imposed sentence" and the two sentences ran concurrently (Penal Law § 70.30 [3]; Matter of Kalamis v Smith, 42 N.Y.2d 191, 201; Matter...

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