PEOPLE CORREA v. NEW YORK STATE DIVISION OF PAROLE (2008)

Petitioner commenced this proceeding seeking a writ of habeas corpus on the ground that he was being illegally detained beyond the maximum 25-year term of imprisonment imposed by Supreme Court, Bronx County, on his 1981 conviction.   We conclude that Supreme Court, Wyoming County, properly denied the petition inasmuch as, by operation of law, the sentence imposed on the 1981 conviction ran consecutively to the sentence imposed on defendant's 1976 conviction. Thus, the aggregate sentence does not expire until December 2013 (see Penal Law §§ 70.06, 70.25[2-a];  Matter of Santiago v. Van Zandt, 236 A.D.2d 728, 654 N.Y.S.2d 421, appeal dismissed 89 N.Y.2d 1085, 659 N.Y.S.2d 858, 681 N.E.2d 1305;  see generally Matter of Sparago v. New York State Bd. of Parole, 71 N.Y.2d 943, 944-945, 528 N.Y.S.2d 817, 524 N.E.2d 138).

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

MEMORANDUM: