Oquendo v. Quinones

Appeal from a judgment of the Supreme Court (Teresi, J.), entered May 31, 2001 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to compel respondents to recompute petitioner’s prison sentence.

While petitioner was serving a 90-day sentence in jail, a federal detainer was filed on December 15, 1999 and two days later a detainer was filed on pending state charges. When the definite sentence expired on December 19, 1999, petitioner remained in jail for two days as a result of the warrants until he was taken into federal custody. On August…