MATTER OF FRANCIS v. FISCHER

506169

68 A.D.3d 1198 (2009)

2009 NY Slip Op 8913

890 N.Y.S.2d 173

In the Matter of JOHN FRANCIS, Also Known as TYRONE A. LESTER, Respondent, v. BRIAN FISCHER, as Commissioner of Correctional Services, et al., Appellants.

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

Decided December 3, 2009.


Petitioner was sentenced in 1998 as a persistent violent felony offender to three concurrent prison terms of 25 years to life upon his conviction of burglary in the first degree, robbery in the first degree and robbery in the second degree. Neither the sentence and commitment order nor the sentencing minutes addressed the manner in which this sentence was to run relative to his prior undischarged prison terms. The Department of Correctional Services treated petitioner's 1998...

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