PEOPLE EX REL. PHILLIPS v. LaCLAIR

510547.

84 A.D.3d 1606 (2011)

924 N.Y.S.2d 589

THE PEOPLE OF THE STATE OF NEW YORK ex rel. JAMES F. PHILLIPS, Appellant, v. DARWIN LaCLAIR, as Superintendent of Franklin Correctional Facility, et al., Respondents.

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

Decided May 19, 2011.


In December 2001, petitioner was sentenced upon his conviction of criminal sale of a controlled substance in the third degree to 5 to 10 years in prison and, as a result of the revocation of his probation, to 11/3 to 4 years in prison upon his prior conviction of attempted criminal possession of a forged instrument in the second degree, which sentences were to run concurrently. In May 2005, he was granted merit presumptive release to parole supervision (see Correction...

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