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IN THE MATTER OF LYNCH v. WEST

24 A.D.3d 1050 (2005)

805 N.Y.S.2d 728

In the Matter of PATRICK LYNCH, Appellant, v. CALVIN E. WEST, as Superintendent of Elmira Correctional Facility, et al., Respondents.

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

December 22, 2005.

ROSE, J.

In 1983, petitioner was sentenced to an aggregate prison term of 12½ to 25 years upon his conviction of the crimes of rape in the first degree, sexual abuse in the first degree and criminal possession of a weapon in the third degree. These crimes were committed less than one month following his release on parole after serving time in prison for his earlier conviction of the crime of attempted rape in the first degree. In setting a conditional release...

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