Myles v. Smith

Appeal from a judgment of the Supreme Court (Kavanagh, J.), entered July 11, 2005 in Ulster County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Superintendent of Shawangunk Correctional Facility calculating the length of petitioner’s sentence.

Having been convicted of criminal possession of stolen property in the third degree, petitioner was sentenced in 1990 to 1⅓ to 4 years in prison. Following his release to parole supervision, he was convicted of robbery in the first degree and sentenced in 1992 as a second…