Johnson v. Fischer

Appeal from a judgment of the Supreme Court (Melkonian, J.), entered February 1, 2012 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to compel respondent to notify the sentencing court that he was erroneously sentenced.

In 1995, petitioner was sentenced, as a persistent felony offender, to four concurrent prison terms of 25 years to life. In 2010, he requested that respondent, pursuant to Correction Law § 601-a, notify the sentencing court that he had been erroneously sentenced as a persistent felony offender. Respondent denied the…