PEOPLE EX REL. BAKER v. BEHRLE

506391

69 A.D.3d 1064 (2010)

891 N.Y.S.2d 683

2010 NY Slip Op 321

THE PEOPLE OF THE STATE OF NEW YORK ex rel. GERALD BAKER, Appellant, v. PETER D. BEHRLE, as Superintendent of Greene Correctional Facility, Respondent.

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

January 14, 2010.


In March 2007, petitioner was sentenced to a term of imprisonment of 1½ to 3 years upon his conviction of grand larceny in the fourth degree, with the sentence to run nunc pro tunc from September 27, 2006. Neither the sentence and commitment orders nor the sentencing minutes addressed the manner in which this sentence was to run relative to petitioner's prior undischarged prison terms. The Department of Correctional Services treated petitioner's 2007 sentence as running...

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