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MATTER OF GARDINER v. NEW YORK STATE DIVISION OF PAROLE

48 A.D.3d 871 (2008)

850 N.Y.S.2d 722

In the Matter of JAMES GARDINER, Appellant, v. NEW YORK STATE DIVISION OF PAROLE, Respondent.

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

Decided February 14, 2008.

Following his 1985 conviction of robbery in the first degree and attempted robbery in the first degree, petitioner was sentenced to concurrent terms of 7½ to 15 years in prison. While incarcerated, he stabbed another inmate to death and was subsequently convicted of manslaughter in the first degree. He was sentenced to 10 to 20 years in prison on this charge, which sentence was to run consecutive to the sentence he was then serving. In June 2006, petitioner made his...

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