McBride v. Fischer

Appeal from a judgment of the Supreme Court (Pritzker, J), entered December 22, 2008 in Washington County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Department of Correctional Services computing petitioner’s prison sentence.

Petitioner was convicted in 1988 of attempted manslaughter in the first degree and was sentenced as a second violent felony offender to a term of 4 to 8 years in prison. He was later released to parole supervision, but was convicted in 1995 of robbery in the first degree. For this crime, he was…