MATTER OF MONTANEZ v. NEW YORK STATE DIV. OF PAROLE


227 A.D.2d 753 (1996)

642 N.Y.S.2d 355

In the Matter of Francisco Montanez, Appellant, v. New York State Division of Parole et al., Respondents

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

May 9, 1996


Petitioner was sentenced to a term of 0 to 7 years in prison as the result of an August 1972 conviction of rape in the second degree. After being released on parole in March 1976, petitioner committed the crime of rape in the first degree. He was convicted of that crime in May 1977 and sentenced to a term of 10 to 20 years in prison. On February 6, 1992, petitioner was again released on parole and, while under parole supervision, he tested positive for cocaine and failed...

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