| Matter of Soriano v New York State Dept. of Correctional Servs. |
| 2005 NY Slip Op 06973 [21 AD3d 1233] |
| September 29, 2005 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Luis Soriano, Appellant, v New York State Department of Correctional Services, Respondent. |
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Mugglin, J. Appeal from a judgment of the Supreme Court (Sheridan, J.), entered November 8, 2004 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent calculating the length of petitioner's sentence.
In February 1995, petitioner was convicted of robbery in the first degree and sentenced to a term of imprisonment of 4
Petitioner argues that, because the sentencing court was silent as to whether the 17-year sentence for manslaughter was to run consecutively or concurrently with the undischarged portion of the previous sentence for robbery, it must run concurrently. We disagree. Notwithstanding the sentencing court's failure to indicate as much, Penal Law § 70.25 (2-a) requires that petitioner's present 17-year sentence, imposed pursuant to Penal Law § 70.04, be served consecutively to his previous undischarged sentence (see Matter of Tineo v New York State Div. of Parole, 14 AD3d 949, 950 [2005]; Matter of Parrilla v Goord, 274 AD2d 820, 821 [2000]; Matter of Forman v Potempa, 261 AD2d 671, 671 [1999]). [*2]
Crew III, J.P., Rose, Lahtinen and Kane, JJ., concur. Ordered that the judgment is affirmed, without costs.