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MERTENS v. STATE

508349.

73 A.D.3d 1376 (2010)

901 N.Y.S.2d 744

MARK MERTENS, Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided May 20, 2010.

Lahtinen, J.

Claimant was sentenced in 1982 to 81/3 to 25 years in prison upon his plea of guilty of sodomy in the first degree for acts perpetrated upon an 11-year-old victim. He was released twice to parole supervision, but had parole revoked both times for various violations. As relevant here, he was released a third time to parole in 1997. Conditions of his parole included staying away from his cousin's home, where...

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