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SIAO-PAO v. DENNISON

51 A.D.3d 105 (2008)

854 N.Y.S.2d 348

In the Matter of LEOPOLD SIAO-PAO, Appellant, v. ROBERT DENNISON, as Chairman of the New York State Division and Board of Parole, Respondent.

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

March 11, 2008.

Attorney(s) appearing for the Case

Steven N. Feinman, White Plains, for appellant.

Leopold Siao-Pao, appellant pro se.

Andrew M. Cuomo, Attorney General, New York City (Robert C. Weisz and Michelle Aronowitz of counsel), for respondent.

FRIEDMAN and WILLIAMS, JJ., concur with BUCKLEY, J.; ANDRIAS, J.P., and SWEENY, J., dissent in a separate opinion by SWEENY, J.

OPINION OF THE COURT

BUCKLEY, J.

Petitioner pleaded guilty in 1982 to murder in the second degree (felony murder) and robbery in the first degree, and was sentenced to concurrent prison terms of 18 years to life and 8 1/3 to 25 years, respectively, for his participation in the robbery of two people, one of whom petitioner fatally stabbed. Petitioner admitted during his plea allocution that he and two accomplices intended to commit a robbery. One acted as...

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