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PEOPLE EX REL. LEE v. CUNNINGHAM

28 A.D.3d 985 (2006)

813 N.Y.S.2d 577

THE PEOPLE OF THE STATE OF NEW YORK ex rel. MARK LEE, Appellant, v. RAYMOND J. CUNNINGHAM, as Superintendent of Woodbourne Correctional Facility, Respondent.

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

April 20, 2006.

In December 1996, petitioner was convicted following a nonjury trial of the crimes of criminal possession of a weapon in the third degree, criminal possession of a weapon in the fourth degree and unlawful possession of marihuana. His motion to set aside the verdict was denied and he was sentenced as a persistent felony offender to a lengthy prison term. Petitioner's conviction was later affirmed on appeal (People v. Lee, 258 A.D.2d 352<...

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