In imposing sentence on defendant's murder conviction in 2007, the court failed to direct the sentence to run either concurrently or consecutively to defendant's undischarged term on a prior robbery conviction. Therefore, by operation of then-existing law (Penal Law § 70.25 [1] [a]), the sentences ran concurrently. As a result, the time defendant served under the robbery sentence was credited toward the murder sentence, and defendant became eligible for consideration...
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