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PEOPLE EX REL CURRY v. WARDEN, RIKERS IS. CORRECTIONAL CTR.

22 Misc.3d 887 (2008)

870 N.Y.S.2d 704

THE PEOPLE OF THE STATE OF NEW YORK ex rel. TERRANCE CURRY, Petitioner, v. WARDEN, RIKERS ISLAND CORRECTIONAL CENTER, et al., Respondents.

Supreme Court of the State of New York, Bronx County.

December 2, 2008.

Attorney(s) appearing for the Case

Eric Sokol, Floral Park, for petitioner.

Andrew M. Cuomo, Attorney General, New York City (Andrew Meier of counsel), for respondents.

OPINION OF THE COURT

RICHARD LEE PRICE, J.

Petitioner moves to vacate parole warrant No. 577078 claiming that his current detention is illegal because the Department of Correctional Services (DOCS) administratively calculated his sentence to run consecutive to an undischarged term of parole even though the sentencing judge was silent on the matter. The Division of Parole (Division) claims that the sentence runs consecutive to the undischarged term by operation...

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