Curry v. Evans

Appeal from a judgment of the Supreme Court (Lynch, J.), entered October 18, 2011 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to prohibit the Department of Corrections and Community Supervision from including the undischarged portion of a prior sentence in the calculation of petitioner’s sentence.

In 1978, petitioner was convicted of murder in the second degree and sentenced to 15 years to life in prison. While on parole release from that sentence, petitioner was convicted of reckless endangerment in the first degree and sentenced to…