Brown v. Annucci

Appeal from a judgment of the Supreme Court (Platkin, J.), entered February 1, 2008 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Department of Correctional Services calculating his aggregate prison sentence.

In 1988, petitioner was convicted of robbery in the first degree and sentenced to 6 to 12 years in prison. In 1993, following his arrest while participating in a temporary release program, petitioner pleaded guilty to grand larceny in the fourth degree and was sentenced to a prison term of IV2 to 3…