Martinez v. Goord

Appeal from a judgment of the Supreme Court (O’Brien III, J.), entered October 5, 2005 in Chemung County, which dismissed petitioner’s application, in a proceeding pursuant to CFLR article 78, to review a determination of the Department of Correctional Services calculating the length of petitioner’s sentence.

Petitioner was convicted of robbery in the second degree and grand larceny in the fourth degree and, in May 1988, was sentenced, respectively, to concurrent prison terms of 6 to 12 years and 2 to 4 years. In December 1988, following his conviction of attempted robbery in the second…