MATTER OF BLAKE v. FISCHER

507512.

71 A.D.3d 1213 (2010)

894 N.Y.S.2d 923

In the Matter of ARTHUR BLAKE, Appellant, v. BRIAN FISCHER, as Commissioner of Correctional Services, et al., Respondents.

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

Decided March 4, 2010.


In 2006, petitioner was sentenced as a second felony offender to an aggregate prison term of 6 to 12 years upon his conviction of robbery in the third degree (four counts) and burglary in the third degree. Neither the sentence and commitment orders nor the sentencing minutes specified the manner in which this sentence was to run relative to petitioner's prior undischarged prison term. The Department of Correctional Services calculated petitioner's 2006 sentence as running...

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