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PEOPLE EX REL. HICKS v. DUNCAN

285 A.D.2d 774 (2001)

727 N.Y.S.2d 663

THE PEOPLE OF THE STATE OF NEW YORK ex rel. VINCENT R. HICKS, Appellant, v. GEORGE B. DUNCAN, as Superintendent of Great Meadow Correctional Facility, Respondent.

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

Decided July 12, 2001.

In August 2000, petitioner commenced this CPLR article 70 proceeding alleging that he is unlawfully detained due to an improper sentence computation. Specifically, he claims that he is entitled to a credit toward his State sentence for time he served in Federal custody. Supreme Court dismissed the application, finding that, contrary to petitioner's assertion, his State sentence did not begin to run when he was in the custody of the New York City Department of Corrections...

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