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In re Mtr. Noble v N.Y. Correctional Servs

Appellate Division of the Supreme Court of New York, Third Department
Jan 18, 2007
36 A.D.3d 1090 (N.Y. App. Div. 2007)

Opinion

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., Crew III, Carpinello and Kane, JJ.


On April 10, 1996, petitioner began serving a New York prison term of 4frac12; to 9 years for criminal possession of a controlled substance in the third degree which was to run concurrently with a prison term that he was serving in Maryland. By this CPLR article 78 proceeding, petitioner challenged the maximum expiration date of his New York sentence which respondent calculated to be April 4, 2005.

Petitioner had five days of jail-time credit when he began serving his New York sentence on April 10, 1996.

At the time that petitioner began serving his concurrent sentences, his New York sentence had the longest unexpired time to run; to wit, 8 years, 11 months, 25 days. Respondent correctly computed petitioner's maximum expiration date at April 4, 2005 and his conditional release date at April 4, 2002 ( see Penal Law § 70.30; People ex rel. Bleiwas v Commissioner of Correctional Servs., 19 AD3d 899, 900; Matter of Latham v New York State Dept. of Correctional Servs., 296 AD2d 675, 675-676, appeal dismissed 99 NY2d 531, lv denied 99 NY2d 508).

Ordered that the judgment is affirmed, without costs.


Summaries of

In re Mtr. Noble v N.Y. Correctional Servs

Appellate Division of the Supreme Court of New York, Third Department
Jan 18, 2007
36 A.D.3d 1090 (N.Y. App. Div. 2007)
Case details for

In re Mtr. Noble v N.Y. Correctional Servs

Case Details

Full title:In the Matter of LISTON G. NOBLE, JR., Appellant, v. NEW YORK STATE…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jan 18, 2007

Citations

36 A.D.3d 1090 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 347
827 N.Y.S.2d 886