Blake v. Department of Corrections

Appeal from a judgment of the Supreme Court (Stein, J.), entered October 12, 2007 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination denying his application to participate in the Comprehensive Alcohol and Substance Abuse Treatment program.

In 2006, petitioner was convicted of burglary in the third degree and multiple counts of robbery in the third degree. He was sentenced as a second felony offender to an aggregate term of 6 to 12 years in prison. The uniform sentence and commitment forms stated that petitioner was…