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MATTER OF GARNER v. RIVERA

507164

68 A.D.3d 1230 (2009)

2009 NY Slip Op 8933

888 N.Y.S.2d 922

In the Matter of RICHARD GARNER, Respondent, v. FRANCISCO RIVERA, as Superintendent of Wallkill Correctional Facility, et al., Appellants.

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

Decided December 3, 2009.

In 2004, petitioner was sentenced as second felony offender to a prison term of 2 to 4 years upon his conviction of criminal sale of a controlled substance in the fifth degree. Neither the sentence and commitment order nor the sentencing minutes addressed the manner in which this sentence was to run relative to petitioner's prior undischarged prison term. Respondent Department of Correctional Services treated petitioner's 2004...

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