Francis v. Fischer

*1199Petitioner was sentenced in 1998 as a persistent violent felony offender to three concurrent prison terms of 25 years to life upon his conviction of burglary in the first degree, robbery in the first degree and robbery in the second degree. Neither the sentence and commitment order nor the sentencing minutes addressed the manner in which this sentence was to run relative to his prior undischarged prison terms. The Department of Correctional Services treated petitioner’s 1998 sentence as running consecutively to his prior undischarged terms, prompting petitioner to commence this CPLR article…