MURRAY, v. GOORD


298 A.D.2d 94 (2002)

747 N.Y.S.2d 492

In the Matter of RICKY MURRAY, Respondent, v. GLENN S. GOORD, as Commissioner of Correctional Services, et al., Appellants.

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

October 1, 2002.


Attorney(s) appearing for the Case

Andrew E. Abraham of counsel (Andrew C. Fine, Legal Aid Society, attorney), for respondent.

Denise A. Hartman of counsel (Nancy A. Spiegel on the brief; Eliot Spitzer, Attorney General of New York State, attorney), for appellants.

TOM, J.P., MAZZARELLI, ROSENBERGER and ELLERIN, JJ., concur.


OPINION OF THE COURT

RUBIN, J.

This matter involves the status of a vacated judgment of conviction for the purpose of requiring petitioner to serve his sentence consecutively with an undischarged term of imprisonment imposed after his conviction for an unrelated crime. Respondents contend that a previous drug conviction, subsequently vacated by this Court (268 A.D.2d 349, lv denied 95 N.Y.2d 801), is nevertheless...

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