Patterson v. New York State Department of Correctional Services

Appeal from a judgment of the Supreme Court (Zwack, J„), entered May 29, 2009 in Albany County, which, among other things, dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent calculating petitioner’s prison sentence.

In February 1995, petitioner was sentenced under indictment No. 1414-93 as a second violent felony offender to an aggregate prison term of 12 to 24 years upon his conviction of various counts of robbery, burglary and criminal possession of stolen property. Although the individual sentences imposed thereunder were…