Garner v. Rivera
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*1231In 2004, petitioner was sentenced as second felony offender to a prison term of 2 to 4 years upon his conviction of criminal sale of a controlled substance in the fifth degree. Neither the sentence and commitment order nor the sentencing minutes addressed the manner in which this sentence was to run relative to petitioner’s prior undischarged prison term. Respondent Department of Correctional Services treated petitioner’s 2004 sentence as running consecutively to his prior undischarged term, prompting petitioner to commence a habeas corpus proceeding to challenge that computation and the…
2Cases cited6 opinions
- People ex rel. Gill v. GreeneNew York Court of Appeals · 2009
- People ex rel. Taylor v. BrownAppellate Division of the Supreme Court of the State of New York · 2009
- People ex rel. Hunter v. YelichAppellate Division of the Supreme Court of the State of New York · 2009
- People ex rel. Berman v. ArtusAppellate Division of the Supreme Court of the State of New York · 2009
- People ex rel. Nadal v. RiveraAppellate Division of the Supreme Court of the State of New York · 2009
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3Cited by7 opinions
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- Hayes v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Blake v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Burton v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2010
2 more not listed; retrieve them via the Exa API.