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DAVIS v. STATE OF NY

257 A.D.2d 112 (1999)

691 N.Y.S.2d 668

BETH A. DAVIS, Appellant, v. STATE OF NEW YORK, Respondent. (Claim No. 85517.)

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

June 17, 1999.

Attorney(s) appearing for the Case

Smyk, Smyk & Fahrenz, L. L. P., Binghamton (Stephen D. Smyk of counsel), for appellant.

Eliot Spitzer, Attorney General, Albany (Laura Etlinger of counsel), for respondent.

CREW III, YESAWICH JR. and SPAIN, JJ., concur with CARPINELLO, J.; MIKOLL, J. P., dissents in a separate opinion.

OPINION OF THE COURT

CARPINELLO, J.

On March 14, 1991, Oscar Linderberry was conditionally released from Auburn Correctional Facility in Cayuga County having been convicted of first degree rape in 1976 and having served 18 years of a 12½-to-25-year prison sentence. His release included certain special conditions, including prohibitions against consuming alcohol and driving a motor vehicle. He was also obligated to participate in sex offender therapy...

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