MATTER OF COLON v. FISCHER

508213.

74 A.D.3d 1670 (2010)

903 N.Y.S.2d 800

In the Matter of MOISES COLON, Appellant, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided June 24, 2010.


In 2005, while on parole in connection with prior convictions, petitioner was sentenced as a persistent violent felony offender to an aggregate prison term of 20 years to life upon his conviction of various crimes including, among others, criminal possession of a weapon in the second degree (three counts) and criminal possession of a weapon in the third degree (three counts). Upon direct appeal, the First Department modified by vacating the persistent violent felony offender...

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