This proceeding is taking place in the Supreme Court of the State of New York in St. Lawrence County. The case deals for a judgment that is pursuant to Article 78 of CPLR that was originated by a petition made by T.J. and verified on the 13th of November, 2007. The petitioner is an inmate at the Ogdensburg Correctional Facility and is seeking an order from this court to direct that he be credited with approximately 270 days of jail time that he allegedly spent in the Suffolk County and or Willard Drug Treatment Campus against his sentence of three years that was imposed by the Supreme Court of Suffolk County. Additionally, a New York Criminal Lawyer said the petitioner seeks for this court directing his immediate enrollment in the DOCS Comprehensive Alcohol and Substance Abuse Treatment program.
Case Background
On the third of July, 2003, the petitioner was sentenced in the Suffolk County Court as a second felony offender. His sentence was imprisonment of three to six years and was for a conviction of attempted criminal sale of a controlled substance in the third degree (drug possession). DOCS received the petitioner in their custody on the 14th of July, 2003. He was entitled to 67 days of jail time credit at the time. On the 29th of January the petitioner was released into parole supervision after completing the DOCS shock incarceration program.
The Suffolk County sentence from 2003 was first interrupted by a declaration of delinquency on the first of June, 2005. However, he was restored to parole supervision in September and credited with 82 days of parole jail time credit that covered the time from June through September.
The running of the petitioner’s Suffolk County sentence was interrupted again in February of 2006 when he was declared delinquent again. He was once again restored to parole in April and credited with 55 days of parole jail time covering this time frame.
In June of 2006, the petitioner was arrested on connection of a criminal offense committed on the 27th of January, 2006. He was sentenced in December and sentenced by the Suffolk County Court as a second felony offender to three years in prison and two years of post release supervision. He was received into DOCS custody on the 11th of December, 2006 and had spent the entire time of June 9th through December 10th in jail. A Staten Island Criminal Lawyer said he was certified for seven days of jail time credit. In addition, as a result of the second conviction the petitioner was denied parole.
Court Discussion and Decision
During the second sentencing of the petitioner it was determined that he would be enrolled in a Comprehensive Alcohol and Substance Abuse Treatment program. However, the language of the sentencing and subsequent statutory language is vague. The DOCS officials have opted to delay enrollment of the defendant for up to two years, which is beyond his reaching of the statutory limit.
After reviewing the case the petitioner is granted the rights to be enrolled in phase one of the Comprehensive Alcohol and Substance Abuse Treatment program. The other portion of the petition for time served is denied.
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