MATTER OF McDONALD v. TAYLOR

1616 CA 10-01610.

79 A.D.3d 1822 (2010)

914 N.Y.S.2d 496

In the Matter of MICHAEL McDONALD, Respondent, v. JUSTIN TAYLOR, Superintendent, Gouverneur Correctional Facility, Appellant.

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

Decided December 30, 2010.


It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs and the petition is dismissed.

Memorandum: Petitioner commenced this proceeding seeking a writ of habeas corpus, alleging that he was entitled to certain jail-time credit with respect to the sentence for his conviction of criminal possession of a controlled substance in the fifth degree (Penal Law § 220.06 [5]). According to petitioner, he was entitled to...

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