MATTER OF HARPER v. FISCHER

506413.

67 A.D.3d 1279 (2009)

888 N.Y.S.2d 789

2009 NY Slip Op 08730

In the Matter of ALLEN HARPER, Appellant-Respondent, v. BRIAN FISCHER, as Commissioner of Correctional Services, et al., Respondents-Appellants.

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

Decided November 25, 2009.


In June 2002, petitioner was sentenced as a persistent violent felony offender to an aggregate prison term of 20 years to life upon his conviction of robbery in the first degree, robbery in the second degree and criminal possession of a weapon 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 terms. The Department of Correctional...

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