MATTER OF WILLIAMS v. NEW YORK STATE DIVISION OF PAROLE

505978.

67 A.D.3d 1272 (2009)

888 N.Y.S.2d 794

2009 NY Slip Op 08723

In the Matter of ROBERT WILLIAMS, Respondent-Appellant, v. NEW YORK STATE DIVISION OF PAROLE et al., Appellants-Respondents.

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

Decided November 25, 2009.


In 1993, petitioner was sentenced as a second violent felony offender to a prison term of 5 to 10 years upon his conviction of attempted robbery in the first degree. The sentence and commitment order, however, failed to specify whether this sentence was to run concurrently with or consecutively to petitioner's prior undischarged prison term. Respondent Department of Correctional Services treated petitioner's 1993 sentence as running consecutively to his prior undischarged...

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