MATTER OF RUGGIA v. FISCHER

506128.

67 A.D.3d 1274 (2009)

888 N.Y.S.2d 792

2009 NY Slip Op 08726

In the Matter of ANTONIO RUGGIA, Respondent, v. BRIAN FISCHER, as Commissioner of Correctional Services, Appellant.

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

Decided November 25, 2009.


In 1989, petitioner was sentenced in Queens County as a second felony offender to concurrent prison terms of 12½ to 25 years upon his conviction of burglary in the first degree and sodomy in the first degree. Petitioner also was sentenced in Bronx County as a second felony offender to a prison term of 2 to 4 years upon his conviction of escape in the second degree. Although the Bronx County sentence and commitment order specified that such sentence was to be served consecutively...

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