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CARTER v. STATE OF NY

95 N.Y.2d 267 (2000)

739 N.E.2d 730

716 N.Y.S.2d 364

In the Matter of ROBERT CARTER, Appellant, v. STATE OF NEW YORK, EXECUTIVE DEPARTMENT, DIVISION OF PAROLE, Respondent.

Court of Appeals of the State of New York.

Decided October 17, 2000.

Attorney(s) appearing for the Case

Engram and Dixon, New York City (Jimmie L. Engram of counsel), for appellant.

Eliot Spitzer, Attorney General, New York City (Adam L. Aronson, Preeta D. Bansal, Michael S. Belohlavek and Mark Gimpel of counsel), for respondent.

Judges SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

Chief Judge KAYE.

Petitioner Robert Carter is an inmate serving an aggregate sentence of 22 years to life for murder, assault and criminal possession of a weapon. On June 20, 1994, petitioner was released on parole. Two years later, he was re-arrested and charged with two robberies committed in the Town of Wallkill. In a search of his apartment, the police recovered a .38 caliber pistol...

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