Respondent properly credited the 268 days of jail time at issue to postrelease supervision running as part of petitioner's initial 2003 sentence, pursuant to Penal Law § 70.30(3). That provision barred respondent from crediting those 268 days to petitioner's November 2015 and February 2016 sentences, which were imposed subsequent to the June 2015 maximum expiration date of the 2003 sentence (see Matter of Lewis v Holford,
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MATTER OF BERNACET v. PONTE
10272. 250781/16.
177 A.D.3d 410 (2019)
110 N.Y.S.3d 296
2019 NY Slip Op 07998
In the Matter of Cesar Bernacet, Appellant, v. Joseph Ponte, Commissioner of the New York City Department of Correction, Respondent.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided November 7, 2019.
Decided November 7, 2019.
Appellate Division of the Supreme Court of New York, First Department.
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