People v. Leonard , 520 N.Y.S.2d 653 ( 1987 )


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  • — Mahoney, P. J.

    Appeal from a judgment of the County Court of Albany County (Turner, Jr., J.), rendered November 21, 1986, which revoked defendant’s probation and imposed a sentence of imprisonment.

    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 AD2d 1044, 1045). Defendant raises no other contention.

    Judgment affirmed. Mahoney, P. J., Main, Weiss, Mikoll and Yesawich, Jr., JJ., concur.

Document Info

Citation Numbers: 133 A.D.2d 938, 520 N.Y.S.2d 653, 1987 N.Y. App. Div. LEXIS 51982

Judges: Mahoney

Filed Date: 10/22/1987

Precedential Status: Precedential

Modified Date: 10/28/2024