General

In the Matter of Daniel Sullivan, Respondent, v. Allyn Sielaff, as Correction Commissioner of the City of New York, Appellant

205 A.D.2d 459615 N.Y.S.2d 990·New York Supreme Court, Appellate Division·1994·NY

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Opinion

(June 30, 1994) In the Matter of Daniel Sullivan, Respondent, v Allyn Sielaff, as Correction Commissioner of the City of New York, Appellant. [615 NYS2d 990] [MAJORITY] Order and judgment (one paper), Supreme Court, New York County (William McCooe, J.), entered July 7, 1993, which, inter alia, directed respondent to credit petitioner with jail time, unanimously affirmed, without costs. The IAS Court correctly credited the 2Vz to 5 year sentence petitioner received under Indictment No. 5847/91 with the 248 days of jail time he served under Indictment No. 5910/87, since this time had not already been credited against a "previously imposed sentence” and the two sentences ran concurrently (Penal Law § 70.30 [3]; Matter of Kalamis v Smith, 42 NY2d 191, 201; Matter of Colon v Vincent, 49 AD2d 939, affd 41 NY2d 1084). Concur—Murphy, P. J., Wallach, Kupferman and Williams, JJ.