People ex rel. Gordon v. Bowen

*1125Appeal from a judgment of the Supreme Court (Nolan, Jr., J.), entered March 5, 2009 in Saratoga County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, without a hearing.

In 2003, petitioner was sentenced as a second felony offender to a prison term of 2 to 4 years upon his conviction of attempted criminal possession of a controlled substance in the fifth degree. The underlying sentence and commitment order made no mention of the manner in which this sentence was to run relative to petitioner’s prior undischarged prison terms. Respondent Department of…