MATTER OF HOLMES v. BROWN

507381

68 A.D.3d 1240 (2009)

2009 NY Slip Op 8939

888 N.Y.S.2d 920

In the Matter of DAVID HOLMES, Respondent, v. WILLIAM BROWN, as Superintendent of Eastern Correctional Facility, et al., Appellants.

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

Decided December 3, 2009.


In October 2002, petitioner was sentenced as a persistent violent felony offender to an aggregate prison term of 16 years to life upon his conviction of, among other things, burglary in the second degree. Neither the amended 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 2002 sentence...

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