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IN THE MATTER OF CHANG v. GOORD

1 N.Y.3d 603 (2004)

808 N.E.2d 854

776 N.Y.S.2d 534

In the Matter of MICHAEL CHANG, Appellant, v. GLENN S. GOORD, as Commissioner of the New York State Department of Correctional Services, et al., Respondents.

Court of Appeals of the State of New York.

Decided February 12, 2004.

Attorney(s) appearing for the Case

Kuby & Perez LLP, New York City (Ronald L. Kuby of counsel), for appellant.

Eliot Spitzer, Attorney General, Albany (Patrick J. Walsh of counsel), for Glenn S. Goord, as Commissioner of the New York State Department of Correctional Services, and others, respondents.

Michael A. Cardozo, Corporation Counsel, New York City (Elizabeth I. Freedman and Francis F. Caputo of counsel), for Bernard Kerik, as Commissioner of the New York City Department of Corrections, and another, respondents.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO and READ concur in memorandum; Judge R.S. SMITH taking no part.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the matter remitted to Supreme Court for further proceedings in accordance with this memorandum. For the purpose of calculating jail time credit, Penal Law § 70.30 (3) makes no distinction between detention in New York and detention by the federal government or sister states (see Matter of Guido v Goord, 1 N.Y.3d 345

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