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MATTER OF CAROSELLI v. GOORD

269 A.D.2d 706 (2000)

704 N.Y.S.2d 319

In the Matter of DINO CAROSELLI, Appellant, v. GLENN S. GOORD, as Commissioner of the New York State Department of Correctional Services, Respondent.

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

Decided February 24, 2000.

Cardona, P. J.

Following his conviction of several crimes stemming from his participation in an attempted armed robbery, petitioner was sentenced as a persistent violent felony offender to an aggregate prison term of 35 years to life. Thereafter, he commenced a habeas corpus proceeding challenging the sentence on the ground that the convictions providing the basis for the persistent violent felony offender adjudication were unconstitutionally obtained. Upon finding...

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