Henderson v. Fischer

Rose, J.E

Appeal from a judgment of the Supreme Court (Breslin, J.), entered February 21, 2013 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Department of Corrections and Community Supervision calculating petitioner’s jail time credit.

On June 27, 2000, petitioner was sentenced to 21/2 years in prison after being convicted of assault in the second degree. Although required by statute, the sentencing court failed to impose a period of postrelease supervision (hereinafter ERS). However, the…