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MATTER OF SMITH v. ANNUCCI

505475

69 A.D.3d 1143 (2010)

891 N.Y.S.2d 917

2010 NY Slip Op 418

In the Matter of KEVIN SMITH, Appellant, v. ANTHONY ANNUCCI, as Deputy Commissioner and Counsel of the Department of Correctional Services, Respondent.

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

Decided January 21, 2010.

Stein, J.

Petitioner was convicted in July 1984 of criminal possession of stolen property and sentenced to three years of probation. While on probation, petitioner was arrested in March 1986 as a result of his alleged involvement in a murder that occurred in November 1984. In October 1987, defendant was convicted of murder in the second degree, criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree and was sentenced...

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