Opinion
July 20, 2000.
Appeal from a judgment of the Supreme Court (Canfield, J.), entered January 26, 2000 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.
Scott Parrilla, Malone, appellant in person.
Eliot Spitzer, Attorney-General (Julie M. Sheridan of counsel), Albany, for respondent.
Before: Mercure, J.P., Peters, Graffeo, Rose and Lahtinen, JJ.
MEMORANDUM AND ORDER
On September 7, 1990, petitioner was convicted of the crime of attempted robbery in the second degree and sentenced to a prison term of 2 to 7 years. On November 5, 1990, petitioner was sentenced to a concurrent prison term of 2 to 7 years for a conviction of robbery in the second degree. Petitioner was subsequently released in December 1992 to parole supervision. Petitioner thereafter committed another crime and, on June 24, 1996, was sentenced as a second violent felony offender to an indeterminate prison term of 7+ to 15 years for attempted murder in the second degree. Because the sentencing court did not indicate whether this latter sentence was to run consecutively or concurrently with the first one, petitioner contends that it must run concurrently. We disagree. Regardless of Supreme Court's silence on this issue, petitioner's 1996 sentence was required by law to be served consecutively to his preexisting unexpired sentence (see, Penal Law § 70.25 [2-a]; Matter of White v. Van Zandt, 236 A.D.2d 763, Matter of Jackson v. Wolford, 232 A.D.2d 795,lv denied 89 N.Y.2d 806).
ORDERED that the judgment is affirmed, without costs.