People v Gamez
2012 NY Slip Op 03769 [95 AD3d 609]
May 15, 2012
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 27, 2012


The People of the State of New York, Respondent,
v
Ricardo Gamez, Appellant.

—[*1] 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]). Concur—Mazzarelli, J.P., Catterson, Moskowitz, Richter and Manzanet-Daniels, JJ.