MATTER OF BELLAMY v. FISCHER

506987.

66 A.D.3d 1080 (2009)

885 N.Y.S.2d 647

2009 NY Slip Op 6761

In the Matter of DAMON BELLAMY, Respondent, v. BRIAN FISCHER, as Commissioner of Correctional Services, Appellant.

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

Decided October 1, 2009.


In June 2007, petitioner was sentenced as a second felony offender to a prison term of 1½ to 3 years upon his conviction of attempted burglary in the third degree. Neither the commitment order nor the sentencing minutes specified whether this sentence was to run consecutively to or concurrently with petitioner's prior undischarged prison term. The Department of Correctional Services thereafter calculated petitioner's 2007 sentence as running consecutively to his prior...

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