People ex rel. Catts v. Haggett

*1316Appeal from a judgment of the Supreme Court (Ferradino, J.), entered February 17, 2009 in Saratoga County, which partially granted petitioner’s application, in a proceeding pursuant to CPLR article 70, to annul a determination of the Department of Correctional, Services and directed that petitioner be resentenced.

In August 2007, petitioner was sentenced as a second felony offender to a prison term of 21k years followed by two years of postrelease supervision upon his conviction of criminal possession of a controlled substance in the fifth degree. Neither the sentence and commitment order nor…