Anderson v. Kirk

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The issue in this article 78 proceeding is whether petitioner is entitled to credit for time spent on parole from the day his first sentence was vacated, April 23, 1984, until the day he was discharged from parole, October 31, 1985.

Section 70.30 (5) of the Penal Law provides that when a sentence imposed on a person is vacated and a new sentence is imposed for the same offense, "the new sentence shall be calculated as if it had commenced at the time the vacated sentence commenced, and all time credited…