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MATTER OF McMOORE v. FISCHER

61 A.D.3d 1187 (2009)

876 N.Y.S.2d 770

In the Matter of JAMES McMOORE, Appellant, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided April 16, 2009.

In May 1984, petitioner was sentenced as a second felony offender to 2½ to 5 years in prison for attempted robbery in the second degree. He was thereafter released to parole supervision and, in March 1987, was sentenced to a prison term of 2½ to 5 years for criminal possession of a weapon in the third degree. The sentencing court was silent as to whether that sentence would run consecutively or concurrently to petitioner...

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