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PEOPLE EX REL. EVANS v. FOGG

77 A.D.2d 750 (1980)

The People of the State of New York ex rel. Charles Evans, Appellant, v. Walter D. Fogg, as Superintendent of The Eastern New York Correctional Facility, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 24, 1980

On December 5, 1973 petitioner was sentenced to an indeterminate term of imprisonment of zero to three years upon his plea of guilty of the crime of attempted burglary in the third degree. No appeal was taken from this conviction, and as a result thereof, on February 7, 1977, he was sentenced, as a second felony offender, to an indeterminate term of imprisonment with a maximum of eight years and a minimum of four years upon his conviction for the crime of burglary in the...

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