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MATTER OF VELEZ v. ANNUCCI

507119.

72 A.D.3d 1298 (2010)

897 N.Y.S.2d 923

In the Matter of ANTONIO VELEZ Jr., Appellant, v. ANTHONY J. ANNUCCI, as Deputy Commissioner and Counsel of the Department of Correctional Services, Respondent.

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

Decided April 15, 2010.

In 2006, petitioner was sentenced as a second felony offender to a prison term of 1½ to 3 years upon his conviction of attempted robbery in the third degree. 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. The Department of Correctional Services calculated petitioner's 2006 sentence as running...

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