People ex rel. Gannon v. Sears

Appeal from a judgment of the Supreme Court (Feldstein, J.), entered December 29, 2008 in St. Lawrence County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 70, and discharged petitioner.

Petitioner was convicted in 1997 of robbery in the third degree and sentenced as a second felony offender to a prison term of 3 to 6 years. The commitment order was silent as to whether such term was to run concurrently with or consecutively to petitioner’s prior undischarged prison terms. Respondent Department of Correctional Services calculated petitioner’s 1997 sentence…