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MATTER OF BERNIER v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES

274 A.D.2d 717 (2000)

712 N.Y.S.2d 176

In the Matter of JEAN BERNIER, Appellant, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, Respondent.

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

Decided July 13, 2000.

Mugglin, J.

On June 11, 1991, petitioner was sentenced in Federal court to 35 years in prison. Petitioner was subsequently returned to State custody and upon conviction sentenced in Supreme Court, New York County, on January 16, 1992 to an aggregate term of 12½ to 25 years, to run consecutively to the Federal sentence. In this proceeding, petitioner challenges his subsequent return to Federal custody contending that Penal Law § 70.20 (3) requires that he...

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