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MATTER OF TUCKER v. NEW YORK STATE DEPT. OF CORRECTIONAL SERVS.

506724.

66 A.D.3d 1103 (2009)

886 N.Y.S.2d 516

2009 NY Slip Op 7184

In the Matter of HARRY TUCKER, Respondent, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, Appellant.

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

Decided October 8, 2009.

In January 2006, petitioner was sentenced as a second felony offender to a prison term of 13 years, followed by five years of postrelease supervision, upon his conviction of burglary in the second degree. Neither the sentence and commitment order nor the sentencing minutes specified whether this sentence was to run consecutively to or concurrently with petitioner's prior undischarged prison term. Respondent treated petitioner's...

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