Opinion
No. KAH 07-01503.
June 6, 2008.
Appeal from a judgment of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered February 28, 2007 in a habeas corpus proceeding. The judgment denied the petition.
WYOMING COUNTY-ATTICA LEGAL AID BUREAU, ATTICA (NEAL J. MAHONEY OF COUNSEL), FOR PETITIONER-APPELLANT.
ANDREW M. CUOMO, ATTORNEY GENERAL, ALBANY (DENISE A. HARTMAN OF COUNSEL), FOR RESPONDENT-RESPONDENT.
Present: Hurlbutt, J.P., Martoche, Lunn, Green and Gorski, JJ.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: 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 AD2d 728, appeal dismissed 89 NY2d 1085; see generally Matter of Sparago v New York State Bd. of Parole, 71 NY2d 943, 944-945).