Trippe v. Hammock

OPINION OF THE COURT

Raymond E. Aldrich, Jr., J.

Petitioner, by CPLR article 78 proceeding, seeks a judgment requiring respondents to recompute his jail time to include a credit of 184 days against the minimum term of his sentence, contending that the provisions of chapter 648 of the Laws of 1979 amending subdivision 3 of section 70.30 of the Penal Law should be applied retroactively. Petitioner was sentenced on October 14, 1977, and received by the Department of Correctional Services on June 14, 1978, both dates prior to the effective date of the new legislation (Sept. 1, 1979). At the time of…