MATTER OF JOHNSON v. RABSATT

507096.

67 A.D.3d 1242 (2009)

890 N.Y.S.2d 141

2009 NY Slip Op 08558

In the Matter of MICHAEL JOHNSON, Respondent, v. CALVIN RABSATT, as Superintendent of Riverview Correctional Facility, Appellant.

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

Decided November 19, 2009.


In August 2004, petitioner was sentenced as a second felony offender to a prison term of three years followed by five years of postrelease supervision. Neither the sentencing minutes nor the sentence and commitment order specified the manner in which this sentence was to run relative to petitioner's prior undischarged prison term. The Department of Correctional Services treated petitioner's 2004 sentence as running consecutively to his prior undischarged term, prompting petitioner...

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