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PEOPLE EX REL. CICIO v. ROCK

510856.

85 A.D.3d 1468 (2011)

926 N.Y.S.2d 685

2011 NY Slip Op 5386

THE PEOPLE OF THE STATE OF NEW YORK ex rel. TERRY CICIO, Appellant, v. DAVID ROCK, as Superintendent of Upstate Correctional Facility, Respondent.

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

Decided June 23, 2011.

In 2003, petitioner was convicted of three counts of robbery in the second degree and was sentenced to consecutive terms of 3½ years in prison, to be followed by three years of postrelease supervision. Thereafter, he made motions pursuant to CPL article 440 to vacate the judgment of conviction and/or set aside the sentence and these motions were denied. He made a third CPL article 440 motion and, while it was pending, brought...

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