Blake v. Fischer

Appeal from a judgment of the Supreme Court (Teresi, J.), entered March 17, 2009 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition.

In 2006, petitioner was sentenced as a second felony offender to an aggregate prison term of 6 to 12 years upon his conviction of robbery in the third degree (four counts) and burglary in the third degree. Neither the sentence and commitment orders nor the sentencing minutes specified the manner in which this sentence was to run relative to petitioner’s prior undischarged prison term. The…