McCullaugh v. DeSimone

Appeal from a judgment of the Supreme Court (Teresi, J.), entered in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Department of Corrections and Community Supervision calculating the length of petitioner’s prison sentence.

In October 1998, petitioner was sentenced upon his conviction of the crimes of criminal possession of a weapon in the second degree (two counts) and criminal possession of a weapon in the third degree. Fetitioner’s judgment of conviction was affirmed on direct appeal (People v…