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MATTER OF KNIGHT v. NAPOLI

506905.

66 A.D.3d 1077 (2009)

885 N.Y.S.2d 445

2009 NY Slip Op 6758

In the Matter of STACEY KNIGHT, Respondent, v. DAVID NAPOLI, as Superintendent of Southport Correctional Facility, et al., Appellants.

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

Decided October 1, 2009.

In September 1990, petitioner was sentenced as a second violent felony offender to a prison term of 12½ to 25 years upon his conviction of robbery in the first degree. Neither the sentence and commitment order nor the sentencing minutes specified the manner in which petitioner's 1990 sentence was to run relative to his prior undischarged prison terms. The Department of Correctional Services calculated petitioner's 1990 sentence...

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