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MATTER OF MILLER v. LACLAIR

506903.

66 A.D.3d 1076 (2009)

885 N.Y.S.2d 446

2009 NY Slip Op 6757

In the Matter of DAVID MILLER, Respondent, v. DARWIN LACLAIR, as Superintendent of Franklin Correctional Facility, Appellant.

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

Decided October 1, 2009.

In June 2006, petitioner pleaded guilty to grand larceny in the fourth degree and was sentenced as a second felony offender to a prison term of 1½ to 3 years. Both the commitment order and the sentencing minutes were silent as to the manner in which this sentence was to run relative to petitioner's prior undischarged prison terms. The Department of Correctional Services (hereinafter DOCS) calculated petitioner's 2006 sentence...

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