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MATTER OF BENTLEY v. DEMSKIE

250 A.D.2d 886 (1998)

673 N.Y.S.2d 226

In the Matter of Roosevelt C. Bentley, Appellant, v. Joseph A. Demskie, as Superintendent of Woodbourne Correctional Facility, et al., Respondents

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

May 7, 1998

We reject the contention of petitioner, a prison inmate, asserting that he is entitled to receive credit for 1,900 days of jail time served in Federal prison against the sentence he is currently serving in this State. Petitioner would be entitled to such credit only if his Federal incarceration was solely the result of detainers issued by this State (see, Penal Law § 70.30 [3]; see also, Matter of Peterson v New York State Dept. of Correctional...

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