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PEOPLE EX REL. ASENCIO v. BROWN

62 A.D.3d 1203 (2009)

878 N.Y.S.2d 920

THE PEOPLE OF THE STATE OF NEW YORK ex rel. RUFINO ASENCIO, Appellant, v. WILLIAM D. BROWN, as Superintendent of Eastern Correctional Facility, Respondent.

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

Decided May 21, 2009.

McCarthy, J.

In 1994, petitioner was convicted of murder in the second degree and arson in the third degree and was sentenced to an aggregate prison term of 25 years to life. His conviction was upheld on direct appeal (People v Asencio, 244 A.D.2d 225 [1997], lv denied 91 N.Y.2d 888, 939 [1998]). He thereafter moved to vacate his conviction pursuant to CPL 440.10, which was denied (People v Asencio, Sup Ct,...

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