Roballo v. Smith

*487OPINION OF THE COURT

Chief Judge Cooke.

Petitioner was convicted of first degree rape, a class B felony, and second degree assault, a class D felony. He was sentenced on each conviction as a persistent felony offender, under section 70.10 (subd 1, par [a]) of the Penal Law, to consecutive indeterminate terms of 25 years to life for the rape and 20 years to life for the assault. Following petitioner’s commitment to a New York correctional facility, respondent Department of Correctional Services calculated, pursuant to section 70.30 (subd 1, par [b]) of the Penal Law, the aggregate minimum and…