People v Gamez

People v Gamez 2012 NY Slip Op 03769 Decided on May 15, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on May 15, 2012
Mazzarelli, J.P., Catterson, Moskowitz, Richter, Manzanet-Daniels, JJ.
7644 1708/10

[*1]The People of the State of New York, Respondent,

v

Ricardo Gamez, Defendant-Appellant.




Robert S. Dean, Center for Appellate Litigation, New York
(Abigail Everett of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Yuval
Simchi-Levi of counsel), for respondent.

Judgment, Supreme Court, New York County (Ronald A. Zweibel, J.), rendered September 30, 2010, convicting defendant, upon his plea of guilty, of criminal mischief in the third degree, and sentencing him to a term of six months, with five years' probation, unanimously affirmed.

Defendant's argument concerning jail time credit toward his term of probation is unreviewable on this appeal. The proper vehicle for challenging a jail time credit calculation is a CPLR
article 78 proceeding (see People v Nieves, 2 NY3d 310, 313 n 2 [2004]; People v Young, 161 AD2d 367 [1990]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MAY 15, 2012

CLERK