Bellamy v. Fischer

Appeal from a judgment of the Supreme Court (Feldstein, J.), entered December 15, 2008 in Franklin County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of the Department of Correctional Services calculating petitioner’s prison term.

In June 2007, petitioner was sentenced as a second felony offender to a prison term of IV2 to 3 years upon his conviction of attempted burglary in the third degree. Neither the commitment order nor the sentencing minutes specified whether this sentence was to run consecutively to or concurrently with…