MATTER OF RUSSELL v. LaCLAIR

507080

68 A.D.3d 1226 (2009)

2009 NY Slip Op 8930

888 N.Y.S.2d 809

In the Matter of WILLIAM RUSSELL, Respondent, v. DARWIN LaCLAIR, as Superintendent of Franklin Correctional Facility, Appellant.

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

Decided December 3, 2009.


Petitioner was sentenced in October 2004 as a second felony offender to a prison term of 1½ to 3 years upon his conviction of attempted burglary 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 term. The Department of Correctional Services calculated petitioner's 2004 sentence as running consecutively to his prior undischarged...

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