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MATTER OF RABAEV v. YELICH

507580.

72 A.D.3d 1301 (2010)

897 N.Y.S.2d 924

In the Matter of EDWARD RABAEV, Appellant, v. BRUCE YELICH, as Superintendent of Bare Hill Correctional Facility, et al., Respondents.

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 2 to 4 years upon his conviction of criminal possession of stolen property 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 terms. Respondent Department of Correctional Services treated petitioner's 2006...

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