Thomas v. Moody

In this CPLR article 78 proceeding, there was no dispute over the facts; the sole question was whether petitioner was entitled to a credit for "jail time” from June 22, 1974 to December 18, 1974 against his maximum expiration date as computed by respondent. Petitioner had been out on parole from his first felony sentence for a term of 0 to 8 years; was declared delinquent on April 1, 1974 when he "owed” 5 years, 7 months and 10 days and then arrested for a new crime on June 22, 1974. At the same time, a parole delinquency warrant was lodged against him.

Petitioner argues that he was thus in…