PEOPLE v. LaCLAIR

507000.

74 A.D.3d 1642 (2010)

902 N.Y.S.2d 457

THE PEOPLE OF THE STATE OF NEW YORK ex rel. MICHAEL BROWN, Appellant, v. DARWIN E. LaCLAIR, as Superintendent of Franklin Correctional Facility, Respondent.

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

Decided June 24, 2010.


In 1994, petitioner was sentenced as a second felony offender to a prison term of 7½ to 15 years upon his conviction of burglary in the second degree. Petitioner thereafter commenced this habeas corpus proceeding contending that the Department of Correctional Services erred in treating his 1994 sentence as running consecutively to his prior undischarged term. Supreme Court dismissed petitioner's application, finding that the sentencing calculation was proper under

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