Opinion
May 19, 1986
Appeal from the County Court, Westchester County (Braatz, J.).
Judgment affirmed.
On appeal, the defendant raises no challenge to the propriety of his conviction but, rather, asserts that he was not given proper credit for time served, pursuant to Penal Law § 70.30 (3). Such a claim cannot be determined in the absence of a properly developed record and should have been pursued by way of a proceeding pursuant to CPLR article 78 and not on direct appeal from the judgment of conviction. Mangano, J.P., Gibbons, Weinstein, Eiber and Spatt, JJ., concur.