Cowan v. Annucci

172 A.D.3d 1203

98 N.Y.S.3d 859 (Mem)

In the Matter of Ricky COWAN, Appellant,

v.Anthony ANNUCCI, etc., et al., Respondents.

2017–01197

Index No. 2645/16

Supreme Court, Appellate Division, Second Department, New York.

Argued—November 1, 2018

May 22, 2019

Del Atwell, East Hampton, NY, for appellant.

Letitia James, Attorney General, New York, N.Y. (Anisha S. Dasgupta and David Lawrence III of counsel), for respondents.

LEONARD B. AUSTIN, J.P., SYLVIA O. HINDS–RADIX, JOSEPH J. MALTESE, LINDA CHRISTOPHER, JJ.

DECISION & ORDER

In a proceeding pursuant to CPLR article 70 for a writ of habeas corpus, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Maria G. Rosa, J.), dated December 20, 2016. The judgment, after a hearing, denied the petition.

ORDERED that the judgment is affirmed, without costs or disbursements.

We agree with the Supreme Court's determination that the Department of Corrections and Community Supervision properly declined to credit the petitioner with 100 days of jail time the petitioner served in the Nassau County Correctional Center with respect to two convictions rendered against him in August 2014. Contrary to the petitioner's contentions, those 100 days of jail time had already been credited toward a period of postrelease supervision that had been imposed against the petitioner in connection with a 2008 conviction (see Penal Law § 70.30[3] ; Matter of Parker v. Annucci, 130 A.D.3d 1115, 1116, 12 N.Y.S.3d 650 ).

The petitioner's...