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PEOPLE EX REL. LUMPKINS v. VAUGHAN

234 A.D.2d 92 (1996)

651 N.Y.S.2d 428

The People of the State of New York ex rel. Todd Lumpkins, Appellant, v. Sheila Vaughan, as Warden of George R. Vierno Center, et al., Respondents

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

December 10, 1996

On March 31, 1978, petitioner was sentenced to 4½ to 21 years upon his conviction of rape and robbery. On January 25, 1985, he was released to parole supervision until March 6, 1998. On August 10, 1987, petitioner was convicted of murder and sentenced to 24 years to life, but the conviction was set aside upon the grant of his CPL 440.10 motion (People v Lumpkins, 141 Misc.2d 581), and he was acquitted after a new trial....

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