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PEOPLE EX REL. HILL v. KELLY

269 A.D.2d 851 (2000)

704 N.Y.S.2d 761

THE PEOPLE OF THE STATE OF NEW YORK ex rel. DEMETRIUS HILL, Appellant, v. WALTER KELLY, as Superintendent of Attica Correctional Facility, Respondent.

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

Decided February 16, 2000.

Judgment unanimously affirmed without costs.

Memorandum:

Relator was sentenced to an indeterminate term of imprisonment of 3 to 6 years upon his plea of guilty to attempted robbery in the first degree (Penal Law§§ 110.00, 160.15). That sentence was later vacated upon relator's contention that it was illegal. Relator was resentenced to an indeterminate term of imprisonment of 2 to 6 years. After serving over three years in prison, relator commenced...

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