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PEOPLE EX REL. BROWN v. McCOY

266 A.D.2d 805 (1999)

698 N.Y.S.2d 191

THE PEOPLE OF THE STATE OF NEW YORK ex rel. STEPHEN BROWN, Appellant, v. JOSEPH McCOY, as Superintendent of Cayuga Correctional Facility, Respondent.

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

Decided November 12, 1999.

Judgment unanimously affirmed without costs.

Memorandum:

Relator contends that he is entitled to jail time credit for a period of time he spent in Federal custody after he was convicted of unrelated charges in State court. Regardless of the merits of that contention, relator is not entitled to immediate release from custody, and thus habeas corpus relief is not available (see, People ex rel. Johnson v Kracke, 233 A.D.2d 943

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