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MATTER OF REED v. FISCHER

509968.

79 A.D.3d 1517 (2010)

912 N.Y.S.2d 468

In the Matter of ROBERT REED, Appellant, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided December 23, 2010.

In 1993, petitioner was convicted of two counts of rape in the first degree and sentenced to consecutive prison terms of 8 1/3 to 25 years. On appeal, petitioner's conviction was affirmed, but his sentence was modified, in the interest of justice, with the prison terms ordered to be served concurrently (People v Reed, 212 A.D.2d 962 [4th Dept 1995], lv denied 86 N.Y.2d 739 [1995]). Thereafter, in 1995, petitioner...

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