PEOPLE EX REL. SAFRAN v. FILION


22 A.D.3d 906 (2005)

803 N.Y.S.2d 717

THE PEOPLE OF THE STATE OF NEW YORK ex rel. DAVID SAFRAN, Appellant, v. GARY H. FILION, as Superintendent of Coxsackie Correctional Facility, Respondent. (And Three Other Related Proceedings.)

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

October 20, 2005.


Petitioner was charged with two counts of assault in the first degree and one count of reckless endangerment in the first degree. After criminal proceedings had commenced, he pleaded guilty to assault in the second degree in full satisfaction of the indictment. In August 2002, he was sentenced to three years in prison, to be followed by an 18-month period of postrelease supervision. Thereafter, petitioner made a number of unsuccessful motions pursuant to CPL article 440 to...

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