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PEOPLE EX REL. SUMTER v. O'CONNELL

10 A.D.3d 823 (2004)

782 N.Y.S.2d 135

THE PEOPLE OF THE STATE OF NEW YORK ex rel. DENNIS SUMTER, Appellant, v. JAMES O'CONNELL, as Superintendent of Ulster Correctional Facility, Respondent.

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

September 30, 2004.

Cardona, P.J. Appeal from a judgment of the Supreme Court (Kavanagh, J.), entered September 15, 2003 in Ulster County, which dismissed petitioner's application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner was convicted in 1981 of the crimes of manslaughter in the first degree, robbery in the first degree, criminal possession of a weapon in the second degree and criminal...

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