PEOPLE EX REL. BOLLING v. MILLER


256 A.D.2d 699 (1998)

681 N.Y.S.2d 124

THE PEOPLE OF THE STATE OF NEW YORK ex rel. HAYWOOD BOLLING, Appellant, v. DAVID MILLER, as Superintendent of Eastern Correctional Facility, Respondent.

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

Decided December 3, 1998.


Pursuant to a two-count indictment, petitioner was charged with the crimes of robbery in the first degree (count one) and criminal use of a firearm (count two). Following a jury trial at which the trial court reasoned that the second count of the indictment would not be submitted to the jury because it merged with the first count, petitioner was found guilty of robbery in the first degree and was sentenced in July 1985 to a prison term of 10 to 20 years, to be served consecutively...

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