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MATTER OF LOWMAN v. FISCHER

505976.

67 A.D.3d 1271 (2009)

888 N.Y.S.2d 797

2009 NY Slip Op 08722

In the Matter of BENJAMIN LOWMAN, Appellant-Respondent, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent-Appellant.

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

Decided November 25, 2009.

In 2006, petitioner was sentenced as a second felony offender to a controlling prison term of 2½ to 5 years upon his conviction of criminal possession of stolen property in the third degree and assault in the third degree. Neither the sentence and commitment order nor the sentencing minutes 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 2006 sentence...

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