MATTER OF PRESSLEY v. JAMES

506245.

67 A.D.3d 1276 (2009)

888 N.Y.S.2d 790

2009 NY Slip Op 08728

In the Matter of JERMAINE PRESSLEY, Respondent, v. RANDY JAMES, as Superintendent of Camp Georgetown Correctional Facility, et al., Appellants.

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

Decided November 25, 2009.


In 2005, petitioner was sentenced as a second felony offender to a prison term of 2 to 4 years upon his conviction of robbery in the third degree. The sentence and commitment order, however, did not specify the manner in which this sentence was to run relative to petitioner's prior undischarged prison terms. Respondent Department of Correctional Services treated petitioner's 2005 sentence as running consecutively to his prior undischarged prison terms, prompting petitioner...

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