In the Matter of Basis Kalamis v. Harold J. Smith, as Superintendent of Attica Correctional Facility, Respondent In…

Summary

The Court of Appeals affirmed the Appellate Division's order in Matter of Kalamis, finding that time spent in custody after the first two sentences could not be credited against the later Suffolk County sentence because it had already been credited to prior sentences. It modified the orders in the Collins and Bush appeals, granting additional jail‑time credits based on the statutory provision that credit applies to each concurrent sentence when multiple charges result in multiple sentences. The decisions relied on the holdings in Canada, Middleton, and Manning to interpret subdivision 3 of Penal Law § 70.30.