Opinion
October 22, 1987
Appeal from the County Court of Albany County (Turner, Jr., J.).
Defendant pleaded guilty to a charge of violation of probation and was sentenced to an indeterminate term of imprisonment of 1 to 3 years. He now contends that certain jail time should be credited against his sentence. This issue is not properly raised on a direct appeal from a judgment of conviction, but by way of a CPLR article 78 proceeding challenging the prison authorities' calculation of the sentence (People v. Vivenzio, 103 A.D.2d 1044, 1045). Defendant raises no other contention.
Judgment affirmed. Mahoney, P.J., Main, Weiss, Mikoll and Yesawich, Jr., JJ., concur.