MATTER OF CASTRO v. RIVERA

506035

69 A.D.3d 1000 (2010)

891 N.Y.S.2d 299

2010 NY Slip Op 34

In the Matter of JOSE CASTRO, 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 January 7, 2010.


In December 2002, petitioner was sentenced as a second felony offender to a prison term of 3½ to 7 years upon his conviction of attempted criminal sale of a controlled substance in the third degree. The sentence and commitment order was silent as to the manner in which this sentence was to run relative to petitioner's prior undischarged prison terms. Respondent Department of Correctional Services treated petitioner's 2002 sentence as running consecutively to his prior...

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