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MATTER OF BLAKE v. SMITH

506796.

66 A.D.3d 1074 (2009)

886 N.Y.S.2d 251

2009 NY Slip Op 6755

In the Matter of GERRARD BLAKE, Respondent, v. JOSEPH T. SMITH, as Superintendent of Shawangunk Correctional Facility, Appellant.

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

Decided October 1, 2009.

In January 2004, petitioner was sentenced as a second felony offender to a prison term of 2½ to 4½ years upon his conviction of promoting prostitution in the third degree. The sentence and commitment order failed to specify whether this sentence would run consecutively to or concurrently with petitioner's prior undischarged prison term. The Department of Correctional Services calculated petitioner's 2004 sentence as running...

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