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MOORE EX REL. MOORE v. CONNOLLY

56 A.D.3d 847 (2008)

867 N.Y.S.2d 735

THE PEOPLE OF THE STATE OF NEW YORK ex rel. GARY H. MOORE, Appellant, v. SHERIDAN CONNOLLY, as Acting Superintendent of Lyon Mountain Correctional Facility, Respondent.

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

November 6, 2008.

In 1995, petitioner was convicted of burglary in the second degree and was sentenced as a persistent violent felony offender to 15 years to life in prison. His conviction was later affirmed on appeal (People v Moore, 248 A.D.2d 405 [1998], lv denied 91 N.Y.2d 1010 [1998]) and his subsequent application for a writ of error coram nobis was denied (People v Moore,

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