PEOPLE EX REL. GORDON v. BOWEN

507674

76 A.D.3d 1124 (2010)

907 N.Y.S.2d 703

THE PEOPLE OF THE STATE OF NEW YORK ex rel. CAL E. GORDON, Appellant, v. JAMES BOWEN, as Saratoga County Sheriff, et al., Respondents.

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

Decided September 23, 2010.


In 2003, petitioner was sentenced as a second felony offender to a prison term of 2 to 4 years upon his conviction of attempted criminal possession of a controlled substance in the fifth degree. The underlying sentence and commitment order made no mention of 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 2003 sentence as running consecutively to his...

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