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MATTER OF GASTON v. HERBERT

262 A.D.2d 1080 (1999)

691 N.Y.S.2d 819

In the Matter of KENNETH L. GASTON, Appellant, v. VICTOR HERBERT, as Superintendent of Collins Correctional Facility, et al., Respondents.

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

Decided June 18, 1999.

Judgment unanimously affirmed without costs.

Memorandum:

Petitioner is serving concurrent indeterminate terms of incarceration of 20 years to life for his conviction in 1978 of murder in the second degree and 5 to 15 years for his conviction in 1977 for criminal possession of a controlled substance in the fifth degree. Because there was no basis for judicial intervention, Supreme Court properly denied the petition seeking to vacate the determination of the...

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