Bush v. Fischer

Appeal from a judgment of the Supreme Court (O’Connor, J.), entered June 3, 2013 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Department of Corrections and Community Supervision calculating the length of petitioner’s prison sentence.

In 1993, petitioner was convicted of rape in the first degree, burglary in the first degree, assault in the first degree and sexual abuse in the first degree (People v Bush, 266 AD2d 642 [1999], lv denied 94 NY2d 917 [2000]). County Court (Fried-lander, J.) sentenced him,…