PEOPLE EX REL. MURPHY v. EWALD

2010-02660.

77 A.D.3d 778 (2010)

909 N.Y.S.2d 735

THE PEOPLE OF THE STATE OF NEW YORK, ex rel. TIERNAN MURPHY, Respondent, v. CHARLES EWALD, Warden, Suffolk County Jail, Appellant.

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

Decided October 12, 2010.


Ordered that the judgment is reversed, on the law, without costs or disbursements, the petition is denied, and the writ is dismissed.

In December 1989 the petitioner was convicted of criminal sale of a controlled substance in the second degree, a class A-II felony offense, and was sentenced to an indeterminate term of imprisonment of five years to life. On May 24, 1994, the petitioner was released on parole and was on parole for over five consecutive years without...

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