7 Cited authorities

  1. People v. Samms

    95 N.Y.2d 52 (N.Y. 2000)   Cited 201 times
    Discussing this exception to the preservation rule
  2. Matter of Kalamis v. Smith

    42 N.Y.2d 191 (N.Y. 1977)   Cited 46 times
    In Matter of Kalamis v. Smith (42 N.Y.2d 191, 197), the court explained: "The primary purpose of the statute is to give a person convicted of a crime, credit for the time he has spent in local custody awaiting disposition of the charge.
  3. Lynch v. Smith

    123 A.D.3d 1279 (N.Y. App. Div. 2014)   Cited 1 times

    518774 12-11-2014 In the Matter of Rickey LYNCH, Appellant, v. Brandon J. SMITH, as Superintendent of Greene Correctional Facility, et al., Respondents. Rickey Lynch, Freeport, appellant pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondents. Rickey Lynch, Freeport, appellant pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondents. Before: LAHTINEN, J.P., McCARTHY, ROSE, DEVINE and CLARK, JJ. Opinion

  4. Walker v. Dennison

    36 A.D.3d 89 (N.Y. App. Div. 2006)   Cited 5 times
    In Walker, however, the petitioners had already served more than the maximum prison terms originally imposed for their non-drug-related crimes when they applied to the Division of Parole for termination of their sentences pursuant to Executive Law former § 259–j(3–a) (see id. at 90, 824 N.Y.S.2d 464).
  5. In re Mtr. Noble v N.Y. Correctional Servs

    36 A.D.3d 1090 (N.Y. App. Div. 2007)

    No. 500351. January 18, 2007. Appeal from a judgment of the Supreme Court (Bradley, J.), entered January 31, 2006 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying his request to recalculate the expiration date of his sentence. Liston G. Noble Jr., Hagerstown, Maryland, appellant pro se. Andrew M. Cuomo, Attorney General, Albany (Kate H. Nepveu of counsel), for respondent. Before: Mercure, J.P.

  6. People v. Fudger

    81 A.D.2d 729 (N.Y. App. Div. 1981)   Cited 2 times

    April 30, 1981 Appeal by permission, from an order of the County Court of Montgomery County, entered July 21, 1980, which denied defendant's motion for resentencing and discharge from custody. In 1976, defendant was convicted of criminal possession of stolen property in the second degree, and the following year of arson in the fourth degree. A sentence of 2 to 4 years on each charge, to run consecutively, was imposed. While confined, he was indicted for other crimes including burglary in the third

  7. People v. Reid

    65 A.D.2d 560 (N.Y. App. Div. 1978)

    October 2, 1978 In a habeas corpus proceeding, petitioner appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Dutchess County, dated August 17, 1977, as failed to set forth his earliest release date. Judgment affirmed insofar as appealed from, without costs or disbursements. The appellant calculates his earliest possible release date as October or December, 1977, while respondents calculate the date as November 26, 1978. The appellant mistakenly attributes the difference