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MATTER OF SMITH v. FISCHER

50 A.D.3d 1279 (2008)

855 N.Y.S.2d 921

In the Matter of IRA SMITH, Appellant, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent. (Proceeding No. 1.) In the Matter of EDWARD O'BRIEN, Appellant, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent. (Proceeding No. 2.)

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

Decided April 11, 2008.

Cardona, P.J.

Upon his plea of guilty, petitioner Edward O'Brien was convicted of the crime of attempted murder in the second degree and was sentenced to, among other things, a term of imprisonment of eight years. Petitioner Ira Smith was convicted upon his plea of guilty of the crimes of assault in the first degree and gang assault in the second degree and was sentenced to, among other things, concurrent terms of imprisonment of five years. In each case, no period...

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