People ex rel. Hicks v. Duncan

—Appeal from a judgment of the Supreme Court (Hemmett, Jr., J.), entered October 30, 2000 in Washington County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, without a hearing.

In August 2000, petitioner commenced this CPLR article 70 proceeding alleging that he is unlawfully detained due to an improper sentence computation. Specifically, he claims that he is entitled to a credit toward his State sentence for time he served in Federal custody. Supreme Court dismissed the application, finding that, contrary to petitioner’s assertion, his State sentence…