Legal Opinion

Campbell v. Fischer

Appellate Division of the Supreme Court of the State of New York

Decided March 31, 2011Published

1Opinion of the CourtRose, J.

Petitioner was serving a determinate prison term of five years when he absconded from a work release program. He was subsequently arrested for, among other things, driving while intoxicated, reckless driving and unlawful fleeing a police officer in a motor vehicle in the third degree. He pleaded guilty to those charges and received an agreed-upon jail sentence of four months, to run concurrently to his unexpired prison sentence. After serving the jail sentence, petitioner was returned to state prison. When the Department of Correctional Services (hereinafter DOCS) declined to give petitioner…

2Cases cited2 opinions

  1. Midgley v. SmithAppellate Division of the Supreme Court of the State of New York · 1978
  2. People ex rel. Hicks v. Warden, Nassau County Correctional CenterAppellate Division of the Supreme Court of the State of New York · 1987

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