Sustache v. Fischer

In 2005, petitioner was sentenced as a second felony offender to a prison term of 2 to 4 years upon his conviction of criminal possession of a weapon in the third degree. Neither the sentence and commitment order nor the sentencing minutes specified the manner in which this sentence was to run relative to petitioner’s prior undischarged prison terms. The Department of Correctional Services treated petitioner’s 2005 sentence as running consecutively to his prior undischarged terms, and petitioner thereafter commenced this CFLR article 78 proceeding to challenge that computation. Supreme Court…