MATTER OF WHIDBEE v. RIVERA

505222.

67 A.D.3d 1261 (2009)

888 N.Y.S.2d 799

2009 NY Slip Op 08715

In the Matter of PRESTON WHIDBEE, Respondent, v. FRANCISCO RIVERA, as Superintendent of Wallkill Correctional Facility, Appellant.

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

Decided November 25, 2009.


In 2003, petitioner was sentenced as a second felony offender to a prison term of 3 to 6 years upon his conviction of manslaughter in the second degree. The sentence and commitment order, however, made no mention of the manner in which petitioner's 2003 sentence was to run relative to his prior undischarged prison terms. The Department of Correctional Services treated this sentence as running consecutively to petitioner's prior undischarged terms, and petitioner thereafter...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases