PEOPLE EX REL. LOPEZ v. YELICH


63 A.D.3d 1433 (2009)

881 N.Y.S.2d 535

THE PEOPLE OF THE STATE OF NEW YORK ex rel. ANTONIO LOPEZ, Respondent, v. BRUCE YELICH, as Superintendent of Bare Hill Correctional Facility, Appellant.

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

Decided June 18, 2009.


Garry, J.

In 1994, petitioner was convicted of robbery in the first degree and sentenced as a second felony offender to a prison term of 4 to 8 years. Following his parole, petitioner was convicted in 1998 of two counts of attempted criminal sale of a controlled substance in the third degree and sentenced as a second felony offender to concurrent prison terms of 4 to 8 years. Neither the commitment order nor the sentencing minutes made any mention as to whether this...

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