Chang v. Goord, 808 N.E.2d 854 (N.Y. 2004). · Go Syfert
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Chang v. Goord, 808 N.E.2d 854 (N.Y. 2004). Cases Citing This Book View Copy Cite
17 citation events (17 in the last 25 years) across 6 distinct courts.
Strongest positive: Baptiste v. Ercole (nynd, 2011-01-21)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited "see" Baptiste v. Ercole
N.D.N.Y. · 2011 · signal: see · confidence high
See Flowers v. Fisher, 296 Fed.Appx. 208, 210 (2d Cir.2008) (“We look to New York Law *357 as it existed at the time [petitioner’s] conviction became final, as the New York Court of Appeals has found that although the law on depraved indifference has changed significantly in recent years, those changes do not apply retroactively.”) (citing Policano, 1 N.Y.3d at 603, 825 N.Y.S.2d 678 , 859 N.E.2d 484 ).
Retrieving the full opinion text from the archive…
In the Matter of Michael Chang
v.
Glenn S. Goord, as Commissioner of the New York State Department of Correctional Services
New York Court of Appeals.
Feb 12, 2004.
808 N.E.2d 854
2004 N.Y. LEXIS 116
APPEARANCES OF COUNSEL, Kuhy & Perez LLP, New York City (Ronald L. Kuhy of counsel), for appellant., Eliot Spitzer, Attorney General, Albany (Patrick J. Walsh of counsel), for Glenn S. Goord, as Commissioner of the New York State Department of Correctional Services, and others, respondents., Michael A. Cardozo, Corporation Counsel, New York City (Elizabeth I. Freedman and Francis F. Caputo of counsel), for Bernard Kerik, as Commissioner of the New York City Department of Corrections, and another, respondents.
Cited by 15 opinions  |  Published

OPINION OF THE COURT

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 NY3d 345 [2004] [decided today]). Accordingly, petitioner is entitled to jail time credit for the period in which he was in federal custody.

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo and Read concur in memorandum; Judge R.S. Smith taking no part.

[*605] On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, etc.