Opinion
April 16, 1990
Appeal from the Supreme Court, Kings County (Shaw, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
We agree with the Supreme Court that the respondents correctly excluded from their computation of the petitioner's jail-time credit the period of time she resided at Project Green Hope, a private residential rehabilitation center for women, as a condition of being released on her own recognizance while awaiting disposition of her case (see, Correction Law § 600-a; Penal Law § 70.30). Although she was subject to a number of rules and regulations while in residence there, the petitioner was not "in custody" for purposes of jail-time credit under Penal Law § 70.30 (3) (see, Matter of Hawkins v. Coughlin, 132 A.D.2d 381, affd 72 N.Y.2d 158; People v. Graham, 89 A.D.2d 671). Kunzeman, J.P., Kooper and Sullivan, JJ., concur.
Harwood, J., concurs on constraint of Matter of Hawkins v Coughlin ( 132 A.D.2d 381, affd 72 N.Y.2d 158).