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PEOPLE EX REL. CLARK v. WALSH

507998.

73 A.D.3d 1409 (2010)

903 N.Y.S.2d 170

THE PEOPLE OF THE STATE OF NEW YORK ex rel. ERIC WADE CLARK, Appellant, v. JAMES WALSH, as Superintendent of Sullivan Correctional Facility, Respondent.

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

Decided May 27, 2010.

Kavanagh, J.

In 1983, petitioner abducted a 12-year-old girl at gunpoint, raped and sodomized her, then forced her into a suitcase and abandoned her. He subsequently pleaded guilty to rape in the first degree and kidnapping in the second degree and was sentenced to a prison term of 81/3 to 25 years.* As a condition of his release to parole supervision in 2003, petitioner agreed that he would "not own, be in possession of or be in close...

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