MATTER OF WETHINGTON v. COLE


203 A.D.2d 968 (1994)

612 N.Y.S.2d 1017

In the Matter of Anderson Wethington, Appellant, v. Linda Cole, as Inmate Record Coordinator of The Mohawk Correctional Facility, et al., Respondents

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

April 15, 1994


Judgment unanimously affirmed.

Memorandum:

We conclude that respondents properly computed petitioner's sentences. Because petitioner was sentenced as a second felony offender, the sentence must run consecutively to his undischarged sentence of imprisonment by operation of law (Penal Law § 70.25 [2-a]). The contention that petitioner's sentence does not reflect the purported plea bargain agreement is unsupported by the record. Petitioner's remedy is to...

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