| Matter of Thompson v Fischer |
| 2012 NY Slip Op 00693 [92 AD3d 1010] |
| February 2, 2012 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Michael Thompson, Appellant, v Brian Fischer, as Commissioner of Corrections and Community Supervision, et al., Respondents. |
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Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for
respondents.
Spain, J. Appeal from a judgment of the Supreme Court (Devine, J.), entered June 16, 2011 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of the Department of Corrections and Community Supervision calculating the length of petitioner's prison sentence.
In 1981, petitioner was convicted of numerous crimes, including, as relevant herein, two
counts of murder in the second degree and one count of robbery in the first degree, which were
affirmed on appeal (People v Thompson, 156 AD2d 961 [1989]). Upon those
convictions, petitioner was sentenced to two consecutive prison terms of 25 years to life on the
murder counts, along with a concurrent sentence of 8
We affirm. At the outset, we note that petitioner has abandoned his challenge to the calculation to his minimum term of imprisonment by failing to raise it in his brief to this Court (see Matter of Jones v Fischer, 84 AD3d 1604, 1605 [2011]). Instead, the sole contention advanced by petitioner is his request that his sentence be reduced pursuant to CPL 470.15. However, as this Court has previously noted, such a request for a sentence to be reduced in the interest of justice is beyond the scope of a CPLR article 78 proceeding (see Matter of Pride v Goord, 285 AD2d 766, 767 [2001]; Matter of Flowers v Miller, 284 AD2d 618, 619 [2001]; compare People v Mead, 53 AD3d 927, 928 [2008], lv denied 11 NY3d 834 [2008]).
Mercure, A.P.J., Rose, Malone Jr. and McCarthy, JJ., concur. Ordered that the judgment is affirmed, without costs.