Brown v. Fischer

Appeal from a judgment of the Supreme Court (Egan, Jr., J.), entered June 9, 2009 in Albany County, which, upon reconsideration, dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Department of Correctional Services calculating petitioner’s prison sentence.

In 2004, petitioner was sentenced as a second violent felony offender to an aggregate prison term of 15 years, plus five years of postrelease supervision, upon his conviction of various *1317robbery-related crimes. Although the respective sentence and commitment orders directed that…