People ex rel. Price v. Henderson

Judgment unanimously modified and, as modified, affirmed, in accordance with the following memorandum: We convert this habeas corpus proceeding which challenges the computation of a 1961 sentence of imprisonment to a CPLR article 78 proceeding (CPLR 103, subd [c]; see People ex rel. Miranda v Henderson, 54 AD2d 611). Petitioner is entitled pursuant to section 70.40 (subd 3, par [c], cl [ii]) of the Penal Law to 209 days’ credit for the jail time served between June 26, 1980 and January 20, 1981. The Attorney-General has submitted a copy of an amended parole jail time certificate under date of…