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IN THE MATTER OF ACERO v. SABOURIN

5 A.D.3d 821 (2004)

772 N.Y.S.2d 625

In the Matter of ANDRES ACERO, Appellant, v. JOHN SABOURIN, as Superintendent of Bare Hill Correctional Facility, et al., Respondents.

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

March 4, 2004.

Cardona, P.J.

Following his March 1997 arrest on federal kidnapping charges, a violation of release report was issued charging petitioner with violating two of the conditions of his parole. Due to the pendency of the federal charges, no declaration of delinquency was made at that time. In January 1998, after pleading guilty to one of the federal charges, petitioner was declared delinquent as of February 21, 1997, the date of the kidnapping incident. Following sentencing...

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