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IN THE MATTER OF HANNIG v. McCOY

4 A.D.3d 685 (2004)

771 N.Y.S.2d 922

In the Matter of MICHAEL HANNIG, Appellant, v. JOSEPH E. McCOY, as Superintendent of Cayuga Correctional Facility, et al., Respondents.

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

February 26, 2004.

In 1997, petitioner was sentenced to two consecutive prison terms of 3½ to 7 years and 1 1/3 to 4 years for his convictions of criminal sale of a controlled substance in the fifth degree and driving while intoxicated, respectively. The sentences were added to produce an aggregate sentence of 4 5/6 to 11 years. Petitioner commenced this CPLR article 78 proceeding challenging the calculation of his sentence. By judgment dated...

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