People v. Walters

Decision Date17 December 1982
Citation91 A.D.2d 843,458 N.Y.S.2d 400
PartiesPEOPLE of the State of New York, Respondent, v. Helen WALTERS, Appellant.
CourtNew York Supreme Court — Appellate Division

John Russelli, Public Defender, Albion, for appellant.

Curtis L. Lyman, Dist. Atty., Albion, for respondent.

Before SIMONS, J.P., and HANCOCK, CALLAHAN, DOERR and MOULE, JJ.

MEMORANDUM:

Defendant's sole argument on appeal is that the court, which sentenced her to one and one-third to four years for attempted criminal possession of a forged instrument following her violation of the probation to which she had been originally sentenced on that charge, should have reduced her sentence by the amount of jail time served with respect to that charge prior to probation (see Penal Law, § 70.30, subd. 3). The reduction she seeks is based on a credit to be applied in satisfaction of the sentence, not on any claimed impropriety in the sentence itself, and thus is reviewable by CPLR article 78 proceeding, not by appeal from the judgment (see People v. Nyemchek, 67 A.D.2d 735, 412 N.Y.S.2d 792; People v. Pugh, 51 A.D.2d 1047, 381 N.Y.S.2d 417; see also Matter of Kalamis v. Smith, 42 N.Y.2d 191, 397 N.Y.S.2d 690, 366 N.E.2d 781).

Judgment unanimously affirmed.

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2 cases
  • People v. Paulin
    • United States
    • New York Supreme Court — Appellate Division
    • May 9, 2018
    ...v. Curtis, 143 A.D.2d 1030, 1030, 533 N.Y.S.2d 582 ; People v. Vivenzio, 103 A.D.2d 1044, 1045, 478 N.Y.S.2d 438 ; People v. Walters, 91 A.D.2d 843, 458 N.Y.S.2d 400 ; People v. Nyemchek, 67 A.D.2d 735, 412 N.Y.S.2d 792 ; People v. Blake, 39 A.D.2d 587, 331 N.Y.S.2d 851 ). Rather, any such ......
  • People v. Fornal
    • United States
    • New York Supreme Court — Appellate Division
    • November 6, 1995
    ...not affect the propriety of the defendant's sentence (see, e.g., People v. Curtis, 143 A.D.2d 1030, 533 N.Y.S.2d 582; People v. Walters, 91 A.D.2d 843, 458 N.Y.S.2d 400). The defendant's remedy, if she be so advised, is a proceeding pursuant to CPLR article 78 to challenge the actions of pr......

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