Rivera v. Taylor

Appeal from a judgment of the Supreme Court (Feldstein, J.), entered January 23, 2009 in St. Lawrence 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 sentence.

Petitioner was sentenced in 1998 as a second felony offender to an aggregate prison term of 7V2 to 15 years upon his conviction of robbery in the third degree, attempted robbery in the third degree and attempted assault in the second degree. Neither the sentence and commitment order nor the…