Petitioner was convicted in 2000 of criminal sale of a controlled substance in the third degree (see Penal Law § 220.39), and was sentenced, as a second felony offender, to a term of 5 ½ to 11 years. Petitioner was presumptively released on September 21, 2004, and it is undisputed that from that date to January 22, 2008, his release was uninterrupted.
Since petitioner had more than two years of unrevoked presumptive release, his sentence must be terminated...
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