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PEOPLE OF THE STATE OF NEW v. FILION

22 A.D.3d 991 (2005)

803 N.Y.S.2d 720

THE PEOPLE OF THE STATE OF NEW YORK ex rel. PAUL VASQUEZ, Appellant, v. GARY H. FILION, as Superintendent of Coxsackie Correctional Facility, et al., Respondents.

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

October 27, 2005.

Appeal from a judgment of the Supreme Court (Pulver, Jr., J.), entered November 23, 2004 in Greene County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner was convicted in June 1984 of criminal possession of a controlled substance in the fifth degree, criminal possession of stolen property in the first degree and assault in the second degree, and was sentenced...

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