PEOPLE EX REL. RANDALL v. WALSH

509512.

81 A.D.3d 1015 (2011)

916 N.Y.S.2d 288

THE PEOPLE OF THE STATE OF NEW YORK ex rel. WILLIAM RANDALL, Appellant, v. JAMES WALSH, as Superintendent of Sullivan Correctional Facility, Respondent.

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

Decided February 3, 2011.


Petitioner was convicted in 1987 of two counts of robbery in the first degree and criminal impersonation in the first degree and sentenced as a second felony offender to an aggregate prison term of 13 years to life. Petitioner was paroled in 2002 and, in 2004, was convicted of robbery in the third degree and sentenced as a second felony offender to 3½ to 7 years in prison, but the sentencing court was silent about how that term was to be

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