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The People of the State of New York v. Ricardo Gamez

New York Supreme and/or Appellate Courts Appellate Division, First Department


May 15, 2012

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
RICARDO GAMEZ,
DEFENDANT-APPELLANT.

People v Gamez

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.

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

20120515

© 1992-2012 VersusLaw Inc.



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