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MATTER OF ROSARIO v. NEW YORK STATE DIVISION OF PAROLE

510860.

84 A.D.3d 1665 (2011)

923 N.Y.S.2d 367

In the Matter of JOSE ROSARIO, Appellant, v. NEW YORK STATE DIVISION OF PAROLE et al., Respondents.

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

Decided May 26, 2011.

MERCURE, J.P.

In 1989, petitioner was convicted of criminal possession of a controlled substance in the second degree and sentenced to a prison term of five years to life. Petitioner was thereafter released to parole in May 1994. In August 1996, petitioner was arrested in New York for various drug crimes. Thereafter, petitioner absconded and was declared delinquent as of November 25, 1997, and a parole violation warrant was issued in January 1998.

In November...

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