RODRIGUEZ v. McMICKENS


133 Misc.2d 154 (1986)

Fabian Rodriguez, Petitioner, v. Jacqueline McMickens, as Commissioner of the New York City Department of Correction, Respondent.

Supreme Court, Special Term, New York County.

September 18, 1986


Attorney(s) appearing for the Case

Fabian Rodriguez, petitioner pro se. Marcia Goffin for Jacqueline McMickens, respondent. Robert Abrams, Attorney-General (Charles C. Davis, Jr., of counsel), for New York State Department of Correctional Services, respondent.


EMILY JANE GOODMAN, J.

In this unusual CPLR article 78 proceeding, petitioner, a New York State prisoner representing himself, seeks the correct computation of his New York State prison sentence following five years of incarceration in a Federal prison.

Petitioner is now serving a term of 10 years to life (the original sentence of 15 years to life having been reduced by Gubernatorial commutation). In...

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