| Matter of Myles v Smith |
| 2006 NY Slip Op 06908 [32 AD3d 1142] |
| September 28, 2006 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Shariff Myles, Appellant, v Joseph T. Smith, as Superintendent of Shawangunk Correctional Facility, et al., Respondents. |
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Rose, J. Appeal from a judgment of the Supreme Court (Kavanagh, J.), entered July 11, 2005 in Ulster County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Superintendent of Shawangunk Correctional Facility calculating the length of petitioner's sentence.
Having been convicted of criminal possession of stolen property in the third degree, petitioner was sentenced in 1990 to 1
We affirm. Penal Law § 70.25 (2-a) mandates that petitioner's 2001 sentence, imposed as a second felony offender (see Penal Law § 70.06), run consecutively to the prior undischarged 1990 and 1992 sentences, notwithstanding the fact that the sentencing court did not indicate as much in the commitment order (see Matter of Adams v Goord, 29 AD3d 1237, 1238 [2006]; Matter of El-Aziz v Goord, 27 AD3d 861, 862 [2006]; Matter of Madison v Goord, 274 AD2d 483, 484 [2000]). Accordingly, we reject petitioner's contention that the length of his sentence was incorrectly calculated.
Cardona, P.J., Mercure, Peters and Carpinello, JJ., concur. Ordered that the judgment is affirmed, without costs.