MATTER OF BOYLE v. RIVERA

507203.

67 A.D.3d 1309 (2009)

888 N.Y.S.2d 796

2009 NY Slip Op 08755

In the Matter of BRIAN J. BOYLE, Respondent, v. FRANCISCO RIVERA, as Superintendent of Wallkill Correctional Facility, Appellant.

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

Decided November 25, 2009.


In October 2002, petitioner was sentenced as a second felony offender to concurrent prison terms of 2½ to 5 years upon his conviction of grand larceny in the third degree, robbery in the third degree and reckless endangerment in the first degree. Thereafter, in December 2002, petitioner was sentenced as a second felony offender to six years in prison followed by five years of postrelease supervision upon his conviction of robbery in the second degree. Although the amended...

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