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PEOPLE v. SEAROR
Appellate Division of the Supreme Court of New York, Fourth Department.
Jul 13, 1990
Judgment unanimously affirmed. Memorandum: Defendant's claim regarding jail-time credit is not properly before this court on direct appeal from the judgment of conviction (CPL 450.10 et seq; People v. Curtis, 143 A.D.2d 1030, lv denied 73 N.Y.2d 890; People v. Leonard, 133 A.D.2d 938). Defendant's proper remedy is by way of a proceeding pursuant to CPLR article 78 to review the prison authorities' calculation of the jail-time credit to which he claims entitlement (People v. Curtis, supra, at 1030; People v. Vivenzio, 103 A.D.2d 1044, 1045; People v. Blake, 39 A.D.2d 587).
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