Petitioner was convicted in 1997 of robbery in the third degree and sentenced as a second felony offender to a prison term of 3 to 6 years. The commitment order was silent as to whether such term was to run concurrently with or consecutively to petitioner's prior undischarged prison terms. Respondent Department of Correctional Services calculated petitioner's 1997 sentence as running consecutively to his prior undischarged terms, prompted
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PEOPLE EX REL. GANNON v. SEARS
506568.
66 A.D.3d 1100 (2009)
886 N.Y.S.2d 260
2009 NY Slip Op 7181
The PEOPLE OF THE STATE OF NEW YORK ex rel. HERBERT GANNON, Respondent, v. LAWRENCE SEARS, as Superintendent of Ogdensburg Correctional Facility, et al., Appellants.
Appellate Division of the Supreme Court of New York, Third Department.https://leagle.com/images/logo.png
Decided October 8, 2009.
Decided October 8, 2009.
Appellate Division of the Supreme Court of New York, Third Department.
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