Legal Opinion
People v. Searor
Appellate Division of the Supreme Court of the State of New York
Decided July 13, 1990PublishedCited by 6 opinions
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: Defendant’s claim regarding jail-time credit is not properly before this court on direct appeal from the judgment of conviction (CPL 450.10 et seq; People v Curtis, 143 AD2d 1030, lv denied 73 NY2d 890; People v Leonard, 133 AD2d 938). Defendant’s proper remedy is by way of a proceeding pursuant to CPLR article 78 to review the prison authorities’ calculation of the jail-time credit to which he claims entitlement (People v Curtis, supra, at 1030; People v Vivenzio, 103 AD2d 1044, 1045; People v Blake, 39 AD2d 587). (Appeal from judgment of Oswego…
2Cases cited4 opinions
- People v. VivenzioAppellate Division of the Supreme Court of the State of New York · 1984
- People v. CurtisAppellate Division of the Supreme Court of the State of New York · 1988
- People v. BlakeAppellate Division of the Supreme Court of the State of New York · 1972
- People v. LeonardAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by6 opinions
- People v. PersonAppellate Division of the Supreme Court of the State of New York · 1998
- People v. AtkinsonAppellate Division of the Supreme Court of the State of New York · 2013
- ATKINSON, PAUL F., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2013
- People v. AtkinsonAppellate Division of the Supreme Court of the State of New York · 2013
- People v. PaulinAppellate Division of the Supreme Court of the State of New York · 2018
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