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MATTER OF HIGH v. RABSATT

505638.

67 A.D.3d 1262 (2009)

888 N.Y.S.2d 798

2009 NY Slip Op 08716

In the Matter of JAVON HIGH, Respondent, v. CALVIN RABSATT, as Superintendent of Riverview Correctional Facility, Appellant.

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

Decided November 25, 2009.

In 2007, petitioner was sentenced as a second felony offender to two years in prison followed by one year of postrelease supervision upon his conviction of attempted criminal possession of a controlled substance in the fifth degree. Neither the sentence and commitment order nor the sentencing minutes specified the manner in which this sentence was to run relative to petitioner's prior undischarged prison term. The Department of...

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