PEOPLE EX REL. GREEN v. SMITH


34 A.D.3d 910 (2006)

823 N.Y.S.2d 286

THE PEOPLE OF THE STATE OF NEW YORK ex rel. ROY GREEN, Appellant, v. JOSEPH T. SMITH, as Superintendent of Shawangunk Correctional Facility, Respondent.

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

Decided November 2, 2006.


Petitioner was convicted of sexual abuse in the first degree, criminal possession of a weapon in the second degree and four counts of robbery in the first degree. He was sentenced, as a second felony offender, to concurrent prison terms of seven years on the sexual abuse conviction, 15 years on the criminal possession conviction and 24 years on the robbery convictions. Thereafter, he filed a petition for a writ of habeas corpus...

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