Thorpe v. New York State Department of Correctional Services

Appeal from a judgment of the Supreme Court (McNamara, J.), entered September 12, 2002 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent calculating the length of petitioner’s term of imprisonment.

Petitioner is currently incarcerated as the result of several sentences, the most recent of which was imposed in August 1997 upon his conviction of manslaughter in the first degree, a crime which he committed in 1992 while released on parole. Based upon the sum of petitioner’s sentences (which include his…