Opinion
June 18, 1998
Appeal from the Supreme Court (Feldstein, J.).
Petitioner seeks habeas corpus relief claiming that he is entitled to a credit for jail time served on previous reversed convictions and that his maximum release date was improperly computed. Inasmuch as petitioner has been released from custody, he is not entitled to the extraordinary relief of habeas corpus and his appeal must be dismissed as moot ( see, People ex rel. Nunez v. New York State Bd. of Parole, 182 A.D.2d 998; People ex rel. Bressette v. Superintendent of Great Meadow Correctional Facility, 175 A.D.2d 961). In any event, the arguments concerning jail credit for time served were previously rejected in a prior habeas corpus proceeding brought by petitioner ( see, People ex rel. Hatzman v. Kuhlmann, 191 A.D.2d 976, appeal dismissed, lv denied 82 N.Y.2d 683) and we perceive no error in the calculation of his sentences ( see, Penal Law § 70.40 [a]; § 70.30 [1] [b]; [3]).
Mercure, J. P., Crew III, Yesawich Jr., Carpinello and Graffeo, JJ., concur.
Ordered that the appeal is dismissed, as moot, without costs.