MATTER OF RIVERA v. TAYLOR

507505.

71 A.D.3d 1353 (2010)

896 N.Y.S.2d 692

In the Matter of WILFREDO RIVERA, Respondent, v. JUSTIN A. TAYLOR, as Superintendent of Gouverneur Correctional Facility, Appellant.

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

Decided March 25, 2010.


Petitioner was sentenced in 1998 as a second felony offender to an aggregate prison term of 7½ to 15 years upon his conviction of robbery in the third degree, attempted robbery in the third degree and attempted assault in the second degree. Neither the sentence and commitment order nor the sentencing minutes made any mention of the manner in which this sentence was to run relative to petitioner's prior undischarged prison terms. The Department of Correctional Services...

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