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MATTER OF BOTTOM v. GOORD

96 N.Y.2d 870 (2001)

756 N.E.2d 55

730 N.Y.S.2d 767

In the Matter of ANTHONY BOTTOM, Appellant, v. GLENN S. GOORD, as Commissioner of the New York State Department of Correctional Services, et al., Respondents.

Court of Appeals of the State of New York.

Decided May 8, 2001.

Attorney(s) appearing for the Case

Prisoners' Legal Services of New York, Ithaca (Betsy C. Sterling and Tom Terrizzi of counsel), for appellant.

Eliot Spitzer, Attorney General, Albany (Lew A. Millenbach, Nancy A. Spiegel and Daniel Smirlock of counsel), for respondents.

Legal Aid Society, Criminal Defense Division, New York City (William D. Gibney of counsel), amicus curiae.

Before: Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur in memorandum; Judge GRAFFEO taking no part.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and respondents' motion to dismiss denied.

On February 25, 1972, following his conviction of crimes committed in the State of California, petitioner was sentenced to serve a term of one year to life in prison. On or about December 5, 1972, petitioner was extradited to New York, where he was convicted of murder and sentenced to 25 years to life. Petitioner...

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