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PEOPLE EX REL. JOSEPH v. SUPERINTENDENT OF SOUTHPORT CORRECTIONAL FACILITY

59 A.D.3d 921 (2009)

___ N.Y.S.2d ___

THE PEOPLE OF THE STATE OF NEW YORK ex rel. JOSEPH II., Appellant, v. SUPERINTENDENT OF SOUTHPORT CORRECTIONAL FACILITY et al., Respondents.

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

Decided February 26, 2009.

ROSE, J.

In 1999, petitioner was convicted in Supreme Court (D'Amico, J.) in Queens County upon his plea of guilty to one count of sodomy in the first degree and one count of attempted robbery in the second degree. The court imposed consecutive sentences of six years and 2 to 4 years, respectively, but did not impose the mandatory period of five years of postrelease supervision (see Penal Law § 70.45 [2]). When petitioner completed his sentence on August...

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