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MATTER OF ROBALLO v. SMITH

99 A.D.2d 5 (1984)

In the Matter of Johnny Roballo, Respondent, v. Harold J. Smith, as Superintendent of Attica Correctional Facility, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

January 27, 1984

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Robert Ciesielski and William J. Kogan of counsel), for appellants.

Norman P. Effman (Susan Jones of counsel), for respondent.

HANCOCK, JR., J. P., CALLAHAN, BOOMER and GREEN, JJ., concur.

SCHNEPP, J.

The issue before the court in this CPLR article 78 proceeding concerns the calculation of the aggregate maximum and minimum term of consecutively imposed persistent felony offender sentences. Following convictions in 1980 for the class D felony of assault in the second degree and the class B felony of rape in the first degree, petitioner was sentenced in each case as a persistent felony offender1

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