PEOPLE EX REL. BERMAN v. ARTUS


63 A.D.3d 1436 (2009)

THE PEOPLE OF THE STATE OF NEW YORK ex rel. BARRY BERMAN, Respondent, v. DALE ARTUS, as Superintendent of Clinton Correctional Facility, Appellant.

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

Decided June 18, 2009.


Rose, J.

In 1996, petitioner was convicted of burglary in the third degree and sentenced as a second felony offender to a prison term of 2 to 4 years. Following his release on parole, petitioner was convicted in 2000 of grand larceny in the third degree and sentenced as a second felony offender to a prison term of 3 to 6 years, which was to be executed as a sentence of parole supervision (see CPL 410.91). Thereafter, in 2001, petitioner was convicted of burglary...

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