People ex rel. Pritchard v. Harris

In a proceeding pursuant to CPLR article 78 to compel recalculation of petitioner’s sentence in accordance with subdivision 2 of section 70.25 of the Penal Law, petitioner appeals from a judgment of the Supreme Court, Dutchess County (Quinn, J.), dated December 17,1979, which dismissed his petition. Judgment affirmed, without costs or disbursements. Petitioner seeks to utilize this article 78 proceeding to contest the Trial Judge’s finding that the crimes of robbery and assault were separate and distinct acts under the facts of the case. Prior to this proceeding, however, petitioner took a…