People ex rel. Ryan o/b/o Shaver v. Cheverko

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AD2 order dated January 30, 2013, reversing lower court and sustaining State writ of habeas corpus. Decision below: 102 AD3d 990, 958 NYS2d 505. Court of Appeals granted leave May 7, 2013. ISSUE PRESENTED: Interpretation of P.L. 70.30(2)(b): Whether the statutory two-year limit on aggregate consecutive definite sentences applied to defendant, where he was sentenced to four consecutive one-year sentences based upon two judgments on separate dates.


Issue before the Court: Whether, when  PL Sec 70.30(2) limits consecutive definite sentences to an aggregate term of two years imprisonment, jail time credit and good time credit should be deducted from that two-year term rather than the longer aggregate term imposed by the sentencing court.


 


Held: In such cases, the jail time and good time credit must be applied against the two-year aggregate term.