PEOPLE EX REL. RAGAGLIA v. WOODS

506670

68 A.D.3d 1217 (2009)

2009 NY Slip Op 8924

888 N.Y.S.2d 924

THE PEOPLE OF THE STATE OF NEW YORK ex rel. ANDREW RAGAGLIA, Respondent, v. ROBERT K. WOODS, as Superintendent of Upstate Correctional Facility, Appellant.

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

Decided December 3, 2009.


In March 2002, defendant was sentenced as a second felony offender to a prison term of 3½ to 7 years upon his conviction of criminal possession of stolen property in the third degree. The sentence and commitment order was silent as to the manner in which petitioner's 2002 sentence was to run relative to his prior undischarged prison terms. The Department of Correctional Services calculated this sentence as running consecutively to petitioner's prior undischarged terms...

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