Kane, J.
Petitioner was sentenced as a second felony offender but the sentencing court was silent as to whether his sentences should run consecutively or concurrently to his previously imposed sentences. The Department of Correctional Services (hereinafter DOCS), relying upon Penal Law § 70.25 (2-a), calculated the sentences as running consecutively. Petitioner commenced this proceeding challenging the legality of his incarceration. Supreme Court denied petitioner...
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