MATTER OF SUSTACHE v. FISCHER

506037

69 A.D.3d 1149 (2010)

891 N.Y.S.2d 922

2010 NY Slip Op 422

In the Matter of FRANCISCO SUSTACHE, Respondent, v. BRIAN FISCHER, as Commissioner of Correctional Services, Appellant.

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

Decided January 21, 2010.


In 2005, petitioner was sentenced as a second felony offender to a prison term of 2 to 4 years upon his conviction of criminal possession of a weapon 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 terms. The Department of Correctional Services treated petitioner's 2005 sentence as running consecutively to his prior undischarged...

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