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PEOPLE EX REL. REYES v. STATE OF NEW YORK DEPARTMENT OF CORRECTIONAL SERVICES

288 A.D.2d 523 (2001)

731 N.Y.S.2d 902

THE PEOPLE OF THE STATE OF NEW YORK ex rel. HOSTOS D. REYES, Petitioner, v. STATE OF NEW YORK DEPARTMENT OF CORRECTIONAL SERVICES, Respondent.

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

Decided November 1, 2001.

In 1999, petitioner was convicted on his plea of guilty of the crime of criminal possession of a controlled substance in the second degree and was sentenced to a prison term of 4½ years to life. He subsequently commenced this proceeding for a writ of habeas corpus contending, inter alia, that his guilty plea should not have been accepted because he was charged in the indictment with the crime of criminal possession of a controlled substance in the first degree...

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