De Berry v. Moody

Appeal from a judgment of the Supreme Court at Special Term (Levine, J.), entered October 9, 1981 in Clinton County, which granted respondent’s motion to dismiss petitioner’s application, in a proceeding pursuant to CPLR article 78, challenging respondent’s computation of petitioner’s sentence. Upon being convicted of the crime of robbery in the second degree, in the Court of General Sessions of the County of New York, petitioner was sentenced on June 22,1962 to a term of imprisonment of not less than 20 nor more than 30 years, and he served 10 years, 4 months and 28 days on this sentence and…