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PEOPLE EX REL. RYAN v. CHEVERKO

No. 183

22 N.Y.3d 132 (2013)

2 N.E.3d 233

979 N.Y.S.2d 269

2013 NY Slip Op 7760

THE PEOPLE OF THE STATE OF NEW YORK ex rel. JOHN F. RYAN, on Behalf of RICHARD SHAVER, Respondent, v. KEVIN CHEVERKO, Commissioner of Westchester County Department of Correction, et al., Appellants.

Court of Appeals of New York.

Decided November 21, 2013.

Attorney(s) appearing for the Case

Robert F. Meehan , County Attorney, White Plains (Linda M. Trentacoste and James Castro-Blanco of counsel), for appellants.

John F. Ryan , Chief Attorney, Legal Aid Society of Westchester County, White Plains (Anne Bianchi of counsel), for respondent.

Alfred O'Connor , Albany, for New York State Defenders Association and another, amici curiae.

Alexander M. Wilson , Albany, for New York State Sheriff's Association, amicus curiae.

Order affirmed, without costs.

OPINION OF THE COURT

ABDUS-SALAAM, J.

We hold that, when Penal Law § 70.30 (2) (b) limits consecutive definite sentences to an aggregate term of two years' imprisonment, jail time credit and good time credit should be deducted from that two-year aggregate term rather than the aggregate term imposed by the sentencing court.

On October 24, 2011, petitioner Richard Shaver was convicted of two counts...

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