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MATTER OF ROBALLO v. SMITH

63 N.Y.2d 485 (1984)

In the Matter of Johnny Roballo, Appellant, v. Harold J. Smith, as Superintendent of Attica Correctional Facility, et al., Respondents.

Court of Appeals of the State of New York.

Decided November 27, 1984.

Attorney(s) appearing for the Case

Susan K. Jones and Norman P. Effman for appellant.

Robert Abrams, Attorney-General (Wayne L. Benjamin and Peter H. Schiff of counsel), for respondents.

Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

Chief Judge COOKE.

Petitioner was convicted of first degree rape, a class B felony, and second degree assault, a class D felony. He was sentenced on each conviction as a persistent felony offender, under section 70.10 (subd 1, par [a]) of the Penal Law, to consecutive indeterminate terms of 25 years to life for the rape and 20 years to life for the assault. Following petitioner's commitment to a New York correctional...

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