Grier v. Flood

This is a proceeding, pursuant to CPLR article 78 to compel the respondent to apply 174 days of jail time credit against the petitioner’s sentence imposed in Nassau County, which is to be served concurrently with a sentence previously imposed in Queens County. The petitioner has argued that under the holding of People ex rel. Middleton v Zelker (42 AD2d 998, affd 36 NY2d 691), he is entitled to receive credit toward his Nassau sentence for the entire time he was held in the Queens House of Detention and subsequently in State penal institutions after a Nassau County warrant had been lodged…