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MATTER OF JOHNSON v. NEW YORK STATE DIVISION OF PAROLE

510086.

83 A.D.3d 1168 (2011)

920 N.Y.S.2d 481

In the Matter of HERMAN JOHNSON, Also Known as GARY HUTCHENSON, Appellant, v. NEW YORK STATE DIVISION OF PAROLE et al., Respondents.

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

Decided April 7, 2011.

MALONE JR., J.

In 2006, petitioner was convicted of grand larceny in the third degree and sentenced as a second felony offender to a prison term of 3½ to 7 years. Thereafter, in 2007, he was convicted of robbery in the second degree and sentenced, as a violent felony offender with a prior nonviolent felony offense, to a prison term of seven years, followed by five years of postrelease supervision, to be served concurrently with his 2006 sentence. Petitioner refused...

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