MATTER OF PHILLIPS v. ANNUCCI

525578.

161 A.D.3d 1439 (2018)

77 N.Y.S.3d 563

2018 NY Slip Op 03590

In the Matter of Curtis Phillips, Appellant, v. Anthony J. Annucci, as Acting Commissioner of Corrections and Community Supervision, et al., Respondents.

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

Decided May 17, 2018.


In 1997, petitioner was convicted of numerous crimes and sentenced to concurrent prison terms, the longest of which was 5 to 15 years. Following petitioner's conditional release on parole, he was arrested on July 27, 2006 and held in custody on multiple new felony charges. Although petitioner remained incarcerated, no parole violation proceeding was commenced and his 1997 sentence continued to run uninterrupted until its maximum expiration date of April 18, 2010. Thereafter...

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