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MATTER OF SPENCER v. YELICH

507160.

67 A.D.3d 1308 (2009)

888 N.Y.S.2d 785

2009 NY Slip Op 08754

In the Matter of EDWIN SPENCER, Respondent, v. BRUCE S. YELICH, as Superintendent of Bare Hill Correctional Facility, Appellant.

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

Decided November 25, 2009.

In 1995, petitioner was sentenced as a second felony offender to a prison term of 6 to 12 years upon his conviction of robbery in the first degree. Neither the sentence and commitment order nor the sentencing minutes specified whether this sentence was to run consecutively to or concurrently with the undischarged portion of petitioner's 1993 prison term. Thereafter, in 2003, petitioner was sentenced as a second felony offender to a prison term of 1½ to 3 years upon his...

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