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PEOPLE EX REL. THORPE v. SMITH

505160.

67 A.D.3d 1135 (2009)

887 N.Y.S.2d 874

2009 NY Slip Op 08096

THE PEOPLE OF THE STATE OF NEW YORK ex rel. DELROY THORPE, Appellant, v. J.T. SMITH, as Superintendent of Shawangunk Correctional Facility, Respondent.

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

Decided November 12, 2009.

Petitioner was charged in two indictments with numerous crimes as the result of his involvement in two robberies. The indictments were consolidated and petitioner was convicted in 1998 of robbery in the first degree (three counts), murder in the second degree, attempted robbery in the first degree (two counts) and assault in the first degree. He was sentenced to an aggregate term of 33 years to life in prison. His conviction was later affirmed on appeal (People v Thorpe...

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