Lagas v. New York State Department of Correctional Services

Appeal from a judgment of the Supreme Court (McDonough, J.), entered February 12, 2010 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent calculating petitioner’s sentence.

In September 2006, petitioner was convicted of, among other crimes, burglary in the third degree, and sentenced as a second felony offender to an aggregate term of 2 to 4 years in prison. After his release in September 2007, petitioner was arrested and convicted of new crimes and, as relevant here, was sentenced in February 2009 as…