MATTER OF PHILLIPS v. FISCHER

508102.

74 A.D.3d 1660 (2010)

902 N.Y.S.2d 456

In the Matter of JAMES PHILLIPS, Appellant, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided June 24, 2010.


In December 1997, petitioner was sentenced as a second violent felony offender to an aggregate prison term of 17½ years upon his conviction of, among other crimes, burglary in the second degree. The sentence and commitment order was silent as to the manner in which this sentence was to run relative to petitioner's prior undischarged prison term. The Department of Correctional Services treated petitioner's 1997 sentence as running consecutively to his prior undischarged...

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