People ex rel. Gill v. Greene
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtKane, J.
Appeal from a judgment of the Supreme Court (Berke, J.), entered December 28, 2006 in Washington County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.
Petitioner was sentenced as a second felony offender but the sentencing court was silent as to whether his sentences should run consecutively or concurrently to his previously imposed sentences. The Department of Correctional Services (hereinafter DOCS), relying upon Penal Law § 70.25 (2-a), calculated the sentences as running consecutively. Petitioner commenced…
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3Cited by12 opinions
- People ex rel. Gill v. GreeneNew York Court of Appeals · 2009
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