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IN THE MATTER OF SOTO v. FISCHER

60 A.D.3d 1074 (2009)

___ N.Y.S.2d ___

In the Matter of ANSELMO SOTO, JR., Appellant, v. BRIAN FISCHER, Respondent.

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

Decided March 31, 2009.

Ordered that the judgment is affirmed, without costs or disbursements.

In 1987 the petitioner was sentenced, as a persistent felony offender, to an indeterminate prison term of 25 years to life, upon his conviction of conspiracy in the second degree. The sentencing minutes and the order of commitment were silent as to whether the sentence was to run concurrently with or consecutively to sentences previously imposed upon the

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