MATTER OF DIOSSES v. FISCHER

506163.

67 A.D.3d 1275 (2009)

888 N.Y.S.2d 791

2009 NY Slip Op 08727

In the Matter of RENE DIOSSES, 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.


Petitioner was sentenced in October 2005 as a second felony offender to a prison term of 1½ to 3 years upon his conviction of criminal possession of stolen property in the fourth degree. Neither the sentencing minutes nor the sentence and commitment order specified whether such sentence was to run consecutively to or concurrently with petitioner's prior undischarged prison term. The Department of Correctional Services treated petitioner's 2005 sentence as running consecutively...

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