Flowers v. Miller

Appeal from a judgment of the Supreme Court (Kavanagh, J.), entered August 23, 2000 in Ulster County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner’s request to recalculate his aggregate sentence.

*619Upon his 1987 convictions of five counts of robbery in the first degree, petitioner was sentenced to five consecutive prison terms of 8V3 to 25 years. In this proceeding, he challenges his aggregate term of 25 to 50 years, a calculation performed by the Department of Correctional Services (see, People…