In September 2004, petitioner was sentenced as a second felony offender to a prison term of 4 to 8 years upon his conviction of criminal possession of a controlled substance in the fourth degree. The sentence and commitment order failed to specify the manner in which this sentence was to run relative to petitioner's prior undischarged prison terms. Respondent Department of Correctional Services treated petitioner's 2004 sentence as running consecutively to his prior undischarged...
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