In July 2004, petitioner was convicted of criminal possession of a controlled substance in the fourth degree and was sentenced as a second felony offender to a prison term of 3 to 6 years. The sentence and commitment order failed to specify whether this sentence was to run consecutively to or concurrently with petitioner's prior undischarged prison term. Respondent Department of Correctional Services (hereinafter DOCS) calculated petitioner's 2004 sentence as running consecutively...
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