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MATTER OF WALDEN v. FISCHER

507107.

67 A.D.3d 1301 (2009)

888 N.Y.S.2d 786

2009 NY Slip Op 08748

In the Matter of LAMONT WALDEN, 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 September 2007, petitioner was sentenced as a second felony offender to a prison term of 1½ to 3 years upon his conviction of attempted assault in the second degree. Neither the sentencing minutes nor the sentence and commitment order specified the manner in which this sentence was to run relative to petitioner's prior undischarged prison terms. The Department of Correctional Services calculated petitioner's 2007 sentence as running consecutively to his prior undischarged...

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