People ex rel. Taylor v Brown |
2009 NY Slip Op 03653 [62 AD3d 1063] |
May 7, 2009 |
Appellate Division, Third Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
The People of the State of New York ex rel. Robert Taylor, Appellant, v William Brown, as Superintendent of Eastern Correctional Facility, et al., Respondents. |
—[*1]
Andrew M. Cuomo, Attorney General, Albany (Frank Brady of counsel), for respondents.
Appeal from an order of the Supreme Court (Zwack, J.), entered July 22, 2008 in Ulster County, which denied petitioner's application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.
In 1988, petitioner was sentenced to 8
The Court of Appeals recently answered this question directly, holding that, where a sentencing court imposes a sentence pursuant to Penal Law § 70.25 (2-a), "any sentence imposed by the court shall run consecutively to the undischarged sentence, whether the sentencing court [*2]says so or not" (People ex rel. Gill v Greene, 12 NY3d 1, 6 [2009]). Thus, the sentencing court committed no error and "DOCS properly interpreted [petitioner's 2003] sentence as being consecutive to his previous undischarged sentence[ ], as Penal Law § 70.25 (2-a) requires" (id. at 7).
We have examined petitioner's remaining arguments and find them to be without merit.
Cardona, P.J., Rose, Lahtinen, Kavanagh and Stein, JJ., concur. Ordered that the order is affirmed, without costs.