MATTER OF DALTON v. JAMES

506310.

66 A.D.3d 1095 (2009)

886 N.Y.S.2d 258

2009 NY Slip Op 7177

In the Matter of MICHAEL DALTON, Respondent, v. RANDY JAMES, as Superintendent of Camp Georgetown Correctional Facility, et al., Appellants.

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

Decided October 8, 2009.


In July 2005, petitioner was sentenced as a second felony offender to a prison term of 2 to 4 years upon his conviction of criminal sale of a controlled substance in the fifth degree. Both the sentence and commitment order and the sentencing minutes failed to address the manner in which this sentence was to run relative to petitioner's prior undischarged prison terms. Respondent Department of Correctional Services thereafter calculated petitioner's 2005 sentence as running...

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