Bailey v. Petzke

OPINION OF THE COURT

Frederick B. Bryant, J.

In this proceeding brought pursuant to CPLR article 78 the petitioner challenges the respondents’ refusal to credit him with prior sentence time pursuant to section 70.30 (subd 1, par [a]) of the Penal Law.

On July 26, 1976 the petitioner was sentenced in Kings County to an indeterminate confinement with a maximum term of three years. He was released in 1978, on parole, having served 19 months of his 36-month term.

On December 7, 1978 the petitioner was sentenced in Suffolk County to three indeterminate terms, each with a maximum period of confinement…