MATTER OF CAMPNEY v. YELICH

507146.

67 A.D.3d 1305 (2009)

888 N.Y.S.2d 788

2009 NY Slip Op 08752

In the Matter of RANDY S. CAMPNEY SR., Respondent, v. BRUCE YELICH, as Superintendent of Bare Hill Correctional Facility, Appellant.

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

Decided November 25, 2009.


In June 2003, petitioner was sentenced as a second felony offender to a prison term of 2 to 4 years upon his conviction of attempted 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 Services treated petitioner's 2003 sentence as running consecutively to his prior...

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