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MATTER OF WELCH v. FISCHER

70 A.D.3d 1077 (2010)

In the Matter of ELBERT WELCH, Appellant, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided February 4, 2010.

Petitioner was sentenced in 1978 to an aggregate prison term of 12½ to 25 years for various crimes including attempted murder in the second degree, and the sentence was ordered to be served consecutively to an undischarged prison term that petitioner received in 1976. While on parole, petitioner committed new crimes and, in July 2000, was sentenced to an aggregate prison term of 14 to 30 years for his conviction of those crimes, which included criminal possession of...

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