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IN THE MATTER OF MICHAEL CHANG, Appellant, v. GLENN S. GOORD, C., ET AL., Respondents.

MEMORANDUM

The order of the Appellate Division should be reversed, with costs, and the matter remitted to Supreme Court for further proceedings in accordance with this memorandum. For the purpose of calculating jail time credit, Penal Law § 70.30(3) makes no distinction between detention in New York and detention by the federal government or sister states ( see Matter of Guido v. Goord, 1 N.Y.3d 345 [decided today]). Accordingly, petitioner is entitled to jail time credit for the period in which he was in federal custody.

On review of submissions pursuant to section 500.4 of the Rules, order reversed, with costs, and matter remitted to Supreme Court, New York County, for further proceedings in accordance with the memorandum herein.

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IN THE MATTER OF CHANG v. GOORD
(Feb 12, 2004)