Moore v. New York State Department of Corrections & Community Supervision

Appeal from a judgment of the Supreme Court (Gilpatric, J.), entered August 13, 2010 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to compel respondent to recalculate his sentence.

In 1986, petitioner was convicted of murder in New Jersey and was sentenced to 30 years in prison. In 1987, while serving this sentence, petitioner was temporarily transferred to New York to face charges pursuant to the Interstate Agreement on Detainers Act (see 18 USC Appendix 2, § 2 [hereinafter IAD]; CPL 580.20). He was thereafter convicted of murder in…