Appellate Division of the Supreme Court of New York, 2006

People ex rel. Smith v. Burge

People ex rel. Smith v. Burge
Appellate Division of the Supreme Court of New York · Decided March 17, 2006
27 A.D.3d 1156; 811 N.Y.S.2d 844
People ex rel. Smith v. Burge

Opinion of the Court

Appeal from a judgment (denominated order) of the Supreme Court, Cayuga County (Peter E. Corning, A.J.), entered January 19, 2005 in a habeas corpus proceeding. The judgment dismissed the petition.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Petitioner commenced this proceeding seeking a writ of habeas corpus on the ground that, pursuant to Penal Law § 70.25 (1) (a), his sentences should have been deemed to run concurrently. We conclude that Supreme Court properly dismissed the petition. Pursuant to Penal Law § 70.25 (2-a), petitioner’s most recently imposed sentence was required to run consecutively to the undischarged portion of petitioner’s prior sentence, despite the sentencing court’s failure to address that issue on the record at sentencing. Present—Pigott, Jr., P.J., Scudder, Gorski, Martoche and Green, JJ.

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