MATTER OF MYLES v. SMITH


32 A.D.3d 1142 (2006)

821 N.Y.S.2d 494

In the Matter of SHARIFF MYLES, Appellant, v. JOSEPH T. SMITH, as Superintendent of Shawangunk Correctional Facility, et al., Respondents.

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

September 28, 2006.


Rose, J.

Having been convicted of criminal possession of stolen property in the third degree, petitioner was sentenced in 1990 to 11/3 to 4 years in prison. Following his release to parole supervision, he was convicted of robbery in the first degree and sentenced in 1992 as a second felony offender to a term of imprisonment of 4½ to 9 years. Petitioner was again paroled and, upon his conviction for assault in the first degree, sentenced in 2001 as a second felony...

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