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PEOPLE EX REL. JOHNSON v. FISCHER

507451

69 A.D.3d 1100 (2010)

893 N.Y.S.2d 349

2010 NY Slip Op 356

THE PEOPLE OF THE STATE OF NEW YORK ex rel. JOHNATHAN JOHNSON, Appellant, v. BRIAN FISCHER, as Commissioner of Correctional Services, et al., Respondents.

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

Decided January 14, 2010.

In 1988, petitioner was convicted of robbery in the first degree and sentenced to a prison term of 7½ to 15 years. That conviction was later affirmed on appeal (People v Johnson, 163 A.D.2d 613 [1990], lv denied 76 N.Y.2d 940 [1990], appeal dismissed 85 N.Y.2d 939 [1995]). Subsequently, petitioner was convicted of, as relevant here, attempted rape in the first degree and sentenced to a prison term of 7½ to...

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