PEOPLE EX REL. KIRKLAND v. ARTUS

506570.

66 A.D.3d 1101 (2009)

886 N.Y.S.2d 514

2009 NY Slip Op 7182

The PEOPLE OF THE STATE OF NEW YORK ex rel. ERIC KIRKLAND, Respondent, v. DALE ARTUS, as Superintendent of Clinton Correctional Facility, Appellant.

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

Decided October 8, 2009.


In 1999, petitioner was convicted of criminal possession of a weapon in the third degree and sentenced as a second felony offender to 2 to 4 years in prison. The 1999 sentencing minutes made no mention of whether this sentence was to run consecutively to or concurrently with petitioner's prior undischarged prison terms. The Department of Correctional Services calculated petitioner's 1999 sentence as running consecutively to his prior undischarged terms, and petitioner thereafter...

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