IN THE MATTER OF ECHEVARRIA v. MARKS


57 A.D.3d 1479 (2008)

869 N.Y.S.2d 837

In the Matter of DANNY ECHEVARRIA, Petitioner, v. PATRICIA D. MARKS, Monroe County Court Judge, Respondent.

Appellate Division of the Supreme Court of New York, Fourth Department.

December 31, 2008.


It is hereby ordered that the petition is unanimously dismissed without costs.

Memorandum: Petitioner commenced this original CPLR article 78 proceeding seeking to prohibit respondent from proceeding with resentencing or any other proceedings with respect to a specified indictment. The record establishes that in March 1999 petitioner was sentenced to a determinate term of incarceration of five years along with two lesser indeterminate sentences after pleading guilty...

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