Opinion
May 6, 1999
Appeal from the Supreme Court (Canfield, J.).
Petitioner was convicted of the crime of manslaughter in the first degree and in December 1977 he was sentenced to a prison term of 8 1/3 to 25 years. Following his release on parole supervision, petitioner pleaded guilty to the crime of attempted grand larceny in the third degree and was sentenced to a prison term of 1 1/2 to 3 years in January 1996. Notwithstanding the sentencing court's failure to address the issue in the order of commitment, the sentence imposed upon petitioner in 1996 is required to be served consecutively with his preexisting unexpired 1977 sentence ( see, Penal Law § 70.25 [2-a]; Matter of White v. Van Zandt, 236 A.D.2d 763; Matter of Santiago v. Van Zandt, 236 A.D.2d 728, appeal dismissed 89 N.Y.2d 1085). We accordingly reject petitioner's contention that respondents improperly calculated his maximum sentence expiration date.
Cardona, P. J., Mikoll, Crew III, Peters and Spain, JJ., concur.
Ordered that the judgment is affirmed, without costs.