Titmas v. Hogue

Appeal from a judgment of the Supreme Court (LaBuda, J.), entered October 7, 2004 in Sullivan County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent computing petitioner’s jail-time credit.

In May 2001, petitioner, who suffers severe physical and mental disabilities as a result of a traumatic brain injury, was convicted upon his plea of guilty of the crime of sodomy in the first degree. Petitioner requested that his sentencing be deferred so that he could receive treatment for his disabilities at an out-of-state…