Bentley v. Demskie
Court: Appellate Division of the Supreme Court of the State of New York; May 7, 1998; New York; State Appellate Court
Appeals were filed regarding two judgments from the Supreme Court (La Buda, J.) dated April 18, 1997, in Sullivan County. The first judgment dismissed the petitioner’s application for an order requiring the respondents to recompute his jail-time credits, and the second dismissed his motions for default judgment and summary judgment as moot. The petitioner, a prison inmate, claimed entitlement to 1,900 days of jail time credit for time served in Federal prison against his current State sentence. However, credit for such time is permissible only if the Federal incarceration was solely due to detainers from the State, as stipulated in Penal Law § 70.30(3) and supported by precedent (Matter of Peterson v New York State Dept. of Correctional Servs., 100 AD2d 73, 74). The record indicates that the petitioner’s Federal incarceration stemmed from unrelated Federal charges, thus confirming that the exclusion of Federal time from his jail-time credit calculation is correct. Additionally, the request for a transcript from the August 26, 1986 resentencing was appropriately denied, as no transcript exists; the court simply executed the original sentence from October 29, 1982. Moreover, the petitioner has not exhausted his administrative remedies by failing to file a request under the Freedom of Information Law. Other claims made by the petitioner were also reviewed and deemed without merit. The judgments were affirmed without costs.