Mercure, J.P.
Petitioner was convicted in 1981 of robbery in the third degree, a class D felony (see Penal Law § 160.05). He was sentenced, as a persistent felony offender, to a period of incarceration of 25 years to life (see Penal Law § 70.10 [2]). In July 2001, petitioner applied to the Office of Sentencing Review for merit time consideration pursuant to Correction Law § 803. The Deputy Commissioner and Counsel of the Department of...
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