Opinion
1245 CA 14-00431.
12-31-2015
In the Matter of Roosevelt COBB, Petitioner–Appellant, v. Michael SHEAHAN, Superintendent, Five Points Correctional Facility, Respondent–Respondent.
Roosevelt Cobb, Petitioner–Appellant Pro Se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of Counsel), for Respondent–Respondent.
Roosevelt Cobb, Petitioner–Appellant Pro Se.
Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of Counsel), for Respondent–Respondent.
Opinion
MEMORANDUM:
In this proceeding pursuant to CPLR article 78, petitioner appeals from a judgment dismissing his petition challenging his sentence as calculated by the Department of Corrections and Community Supervision (DOCCS). Contrary to petitioner's contention, we conclude that DOCCS correctly computed his sentence and, thus, Supreme Court properly dismissed the petition (see generally Matter of Williams v. Annucci, 131 A.D.3d 1329, 1330–1331, 16 N.Y.S.3d 632). To the extent that petitioner contends that he was denied the benefit of his plea bargain, his remedy is to seek relief by way of a motion pursuant to CPL article 440 (see Matter of Cristostomo v. Fischer, 93 A.D.3d 976, 977, 939 N.Y.S.2d 729).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.
SMITH, J.P., PERADOTTO, LINDLEY, VALENTINO, and DeJOSEPH, JJ., concur.