PEOPLE EX REL. ORDONEZ v. WARDEN OF RIKERS ISLAND CORRECTIONAL FACILITY


38 A.D.3d 212 (2007)

830 N.Y.S.2d 153

PEOPLE OF THE STATE OF NEW YORK ex rel. MARIANO ORDONEZ, Respondent, v. WARDEN OF RIKERS ISLAND CORRECTIONAL FACILITY et al., Appellants.

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

Decided March 1, 2007.


Even though he had been sentenced to an aggregate term of six years to life upon his 1986 conviction of the class A-II felony of criminal sale of a controlled substance in the second degree and his prior (1981) conviction of robbery in the second degree, petitioner was entitled to the benefits of Executive Law § 259-j (3-a), which requires the Division of Parole to terminate the sentence of a person serving an indeterminate term for a class

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