MATTER OF GREEN v. RABSATT

507436

68 A.D.3d 1241 (2009)

2009 NY Slip Op 8940

888 N.Y.S.2d 921

In the Matter of BASHAN GREEN, Respondent, v. CALVIN O. RABSATT, as Superintendent of Riverview Correctional Facility, et al., Appellants.

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

Decided December 3, 2009.


In May 2007, petitioner was sentenced to a prison term of six years followed by three years of postrelease supervision upon his conviction of criminal possession of a weapon in the third degree. Thereafter, in August 2007, petitioner was resentenced under the same indictment as a second violent felony offender to the same six-year prison term followed by the mandatory five-year period of postrelease supervision. Neither the sentence and commitment order nor the sentencing...

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