PEOPLE EX REL. YOUNG v. ARTUS


63 A.D.3d 1488 (2009)

880 N.Y.S.2d 592

THE PEOPLE OF THE STATE OF NEW YORK ex rel. ERNEST YOUNG, Respondent, v. DALE ARTUS, as Superintendent of Clinton Correctional Facility, et al., Appellants.

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

Decided June 25, 2009.


STEIN, J.

In 1998, petitioner was sentenced to a seven-year prison term upon his conviction of robbery in the second degree. Petitioner was conditionally released in 2004 and, on his first day of release, committed another crime and was thereafter convicted as an armed felon of robbery in the first degree and sentenced as a second violent felony offender to a prison term of 10 years followed by five years of postrelease supervision. The sentencing court made no mention...

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