MATTER OF GANTT v. MARTUSCELLO

510677.

84 A.D.3d 1655 (2011)

923 N.Y.S.2d 370

In the Matter of MARK WADE GANTT, Appellant, v. DANIEL F. MARTUSCELLO, as Superintendent of Coxsackie Correctional Facility, et al., Respondents.

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

Decided May 26, 2011.


ROSE, J.

In July 2008, petitioner pleaded guilty to two counts of burglary in the second degree in full satisfaction of a 21-count indictment. He was sentenced to concurrent 12-year prison terms, to be followed by five years of postrelease supervision, restitution and applicable surcharges. On appeal, we found that restitution was improperly imposed and remitted the matter for further proceedings (People v Gantt,

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