PEOPLE EX REL. GATHERS v. ARTUS


63 A.D.3d 1435 (2009)

880 N.Y.S.2d 586

THE PEOPLE OF THE STATE OF NEW YORK ex rel. WILLIE GATHERS, Respondent, v. DALE ARTUS, as Superintendent of Clinton Correctional Facility, Appellant.

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

Decided June 18, 2009.


Rose, J.

In 1981 and 1987, petitioner was convicted of various crimes and indeterminate sentences of imprisonment were imposed. Following his release on parole, petitioner was convicted of attempted arson in the third degree and sentenced as a second felony offender to a prison term of 3½ to 7 years. Neither the commitment order nor the sentencing minutes made any mention as to the manner in which petitioner's sentence was to run relative to his prior undischarged...

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