MATTER OF MARTIN v. BROWN

507506

69 A.D.3d 1194 (2010)

891 N.Y.S.2d 920

2010 NY Slip Op 440

In the Matter of MICHAEL MARTIN, 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 January 21, 2010.


Petitioner was convicted in 1997 of kidnapping in the second degree, robbery in the first degree, robbery in the second degree, unlawful imprisonment in the first degree and grand larceny in the fourth degree and was sentenced as a second felony offender to an aggregate term of 20 years in prison. 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 term...

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