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MATTER OF McNEAR v. STATE OF NEW YORK

38 A.D.3d 1093 (2007)

831 N.Y.S.2d 591

In the Matter of SAMUEL McNEAR, Appellant, v. STATE OF NEW YORK et al., Respondents.

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

Decided March 15, 2007.

Mercure, J.

In 1997, petitioner was convicted of rape in the first degree, three counts of rape in the third degree, sodomy in the third degree, sexual abuse in the first degree, attempted rape in the first degree and attempted sodomy in the first degree. The sentences were imposed both concurrently and consecutively with the harshest being a 25-year determinate prison term on the first degree rape conviction. Petitioner commenced this combined action and proceeding...

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