High v. Rabsatt

Appeal from a judgment of the Supreme Court (Feldstein, J.), entered September 2, 2008 in St. Lawrence County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of the Department of Correctional Services calculating petitioner’s prison sentence.

In 2007, petitioner was sentenced as a second felony offender to two years in prison followed by one year of postrelease supervision upon his conviction of attempted criminal posses*1263sion of a controlled substance in the fifth degree. Neither the sentence and commitment order nor the sentencing…