IN THE MATTER OF MARIANI v. STATE OF NEW YORK DEPARTMENT OF CORRECTIONAL SERVICES OFFICE OF SENTENCING REVIEW


30 A.D.3d 945 (2006)

818 N.Y.S.2d 316

In the Matter of JOSEPH MARIANI, Appellant, v. STATE OF NEW YORK DEPARTMENT OF CORRECTIONAL SERVICES OFFICE OF SENTENCING REVIEW, Respondent.

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

June 29, 2006.


Crew III, J.

Petitioner was convicted in 2002 in Schenectady County of three counts of burglary in the third degree and was sentenced to three concurrent prison terms of 15 years to life, to be served concurrently with an unexpired term of federal incarceration. In May 2004, after petitioner completed his federal sentence and was in the custody of the Department of Correctional Services (hereinafter DOCS), the concurrent sentences were vacated and he was resentenced...

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