Opinion
66.
Decided February 12, 2004.
Appeal, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered June 20, 2002. The Appellate Division affirmed an order of the Supreme Court, New York County (William McCooe, J.), entered in a proceeding pursuant to CPLR article 78, which had dismissed a petition to compel respondents to recalculate petitioner's credit for time spent in jail.
Matter of Chang v. Goord, 295 A.D.2d 231, reversed.
Submitted by Ronald L. Kuby, for appellant.
Submitted by Patrick J. Walsh, for State respondents.
Submitted by Elizabeth I. Freedman and Francis F. Caputo, for City respondents.
Chief Judge Kaye and Judges George Smith, Ciparick, Rosenblatt, Graffeo and Read concur. Judge Robert Smith took no part.
MEMORANDUM
The order of the Appellate Division should be reversed, with costs, and the matter remitted to Supreme Court for further proceedings in accordance with this memorandum. For the purpose of calculating jail time credit, Penal Law § 70.30(3) makes no distinction between detention in New York and detention by the federal government or sister states ( see Matter of Guido v. Goord, 1 N.Y.3d 345 [decided today]). Accordingly, petitioner is entitled to jail time credit for the period in which he was in federal custody.
On review of submissions pursuant to section 500.4 of the Rules, order reversed, with costs, and matter remitted to Supreme Court, New York County, for further proceedings in accordance with the memorandum herein.