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MATTER OF HUNT v. FISCHER

506899.

66 A.D.3d 1105 (2009)

886 N.Y.S.2d 261

2009 NY Slip Op 7186

In the Matter of CARY HUNT, Respondent, v. BRIAN FISCHER, as Commissioner of Correctional Services, Appellant.

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

Decided October 8, 2009.

In November 2004, petitioner was sentenced as a second felony offender to a prison term of 3 to 6 years upon his conviction of robbery in the third degree. Neither the sentence and commitment order nor the sentencing minutes made any mention of how this sentence was to run relative to petitioner's prior undischarged prison terms. The Department of Correctional services calculated petitioner's 2004 sentence as running consecutively...

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