Garcia v. Fischer

Appeal from a judgment of the Supreme Court (McGrath, J.), entered October 22, 2009 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

In January 1999, petitioner was sentenced as a persistent violent felony offender to concurrent prison terms of 20 years to life upon his conviction of robbery in the first degree and robbery in the second degree. The sentence and commitment order was silent as to the manner in which this sentence was to run relative to petitioner’s prior undischarged prison terms. The Department of…