MATTER OF HILL v. COMMISSIONER OF CORRECTIONAL SERVICES

506806.

71 A.D.3d 1210 (2010)

894 N.Y.S.2d 922

In the Matter of MASHAMA HILL, Appellant, v. COMMISSIONER OF CORRECTIONAL SERVICES et al., Respondents.

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

Decided March 4, 2010.


Petitioner, a former prison inmate, was convicted of sexual abuse in the first and second degrees in 2002 and was sentenced as a second felony offender to an aggregate prison term of four years followed by three years of postrelease supervision. Realizing that it had sentenced petitioner in error, the sentencing court later amended petitioner's sentence to include a five-year period of postrelease supervision. In August 2005, petitioner moved, pursuant to CPL 440.20, to vacate...

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