MATTER OF AVENT v. FISCHER


70 A.D.3d 1145 (2010)

895 N.Y.S.2d 561

In the Matter of REUBEN AVENT, Appellant-Respondent, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent-Appellant.

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

Decided February 11, 2010.


Petitioner was sentenced in 2001 as a second felony offender to a controlling prison term of 15 years upon his conviction of several counts of robbery and criminal possession of a weapon. Neither the sentence and commitment orders nor the sentencing minutes made any mention of the manner in which this sentence was to run relative to petitioner's prior undischarged prison term or of any period of postrelease supervision. The Department of Correctional Services treated petitioner...

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