McDOWELL v. NEW YORK CITY DEPARTMENT OF CORRECTIONS

3131, 402714/08.

74 A.D.3d 672 (2010)

903 N.Y.S.2d 398

EMEL McDOWELL, Appellant, v. NEW YORK CITY DEPARTMENT OF CORRECTIONS, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 24, 2010.


On April 2, 1991, while in custody awaiting trial on a charge of second-degree murder, petitioner pleaded guilty to third-degree criminal possession of a weapon and received a sentence that he completed on June 27, 1991. Subsequently, petitioner was convicted, after a jury trial, of second-degree murder and received a sentence of from 22 years to life. Petitioner contends that respondent improperly determined the amount of time he spent in custody before he began serving...

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