Johnson v. Smith

Petitioner Johnson

In this instance, Special Term found that petitioner’s superintendent’s proceeding was not held for a period of 28 days during which time he was confined in “keeplock”. Accordingly, it annulled the determination of the proceeding as untimely and directed the expunging from petitioner’s records of all references thereto. It is also uncontested that he pleaded guilty at the subject proceeding, that his disposition was that of time served and he did no additional time as a result of the delay, and that he has since been released from prison. Such being the case, this appeal…