MATTER OF DANIELS v. JAMES

506303

69 A.D.3d 1247 (2010)

893 N.Y.S.2d 702

2010 NY Slip Op 602

In the Matter of CHARLES DANIELS, Respondent, v. RANDY JAMES, as Superintendent of Camp Georgetown Correctional Facility, et al., Appellants.

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

Decided January 28, 2010.


Petitioner was sentenced in 1987, 2000 and 2003 as a second felony offender to various terms of imprisonment upon his conviction of certain drug-related crimes. None of the relevant sentence and commitment orders or sentencing minutes made any mention of the manner in which the sentences imposed thereunder were to run relative to petitioner's prior undischarged prison terms. Respondent Department of Correctional Services treated petitioner's 2000 and 2003 sentences as running...

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