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MATTER OF BURTON v. ANNUCCI

508216

76 A.D.3d 1150 (2010)

907 N.Y.S.2d 715

In the Matter of CHRISTOPHER BURTON, Appellant, v. ANTHONY J. ANNUCCI, as Deputy Commissioner of Correctional Services, Respondent.

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

Decided September 30, 2010.

In April 1999, petitioner was sentenced as a second violent felony offender to an aggregate prison term of 12½ to 25 years. At that time, petitioner owed four years, four months and two days on a prior undischarged prison term, and the sentence and commitment order was silent as to the manner in which the 1999 sentences were to run relative to petitioner's prior undischarged term. The Department of Correctional Services calculated...

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