PEOPLE v. BURGE


30 A.D.3d 1066 (2006)

816 N.Y.S.2d 650

THE PEOPLE OF THE STATE OF NEW YORK ex rel. DEXTER WASHINGTON, Appellant, v. JOHN BURGE, as Superintendent of Auburn Correctional Facility, Respondent.

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

June 9, 2006.


It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Petitioner commenced this habeas corpus proceeding in Supreme Court, Cayuga County, seeking his immediate release on the ground that the jail time that he served on his 1977 conviction should be credited toward his 1997 sentence. The court properly dismissed the petition. The 1997 sentence was imposed following a hearing at which...

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