Oriole v. Saunders

OPINION OF THE COURT

Friedman, J.

The relief petitioner seeks in this proceeding is, in effect, a declaration that he is entitled to receive credit against his 3-to-6-year sentence on a third-degree burglary conviction for a period of approximately 20 months during which he absconded from his parole. Petitioner argues that this benefit should be conferred on him by reason of his conviction of a new felony (attempted assault in the second degree) committed while he was absconding. Although Supreme Court accepted this argument, we find nothing in the governing statute (Executive Law § 259-i) that…