MILLER v. DEPT. OF CORRECTIONS

11-401723

33 Misc.3d 761 (2011)

929 N.Y.S.2d 717

2011 NY Slip Op 21326

In the Matter of MICHAEL MILLER, Also Known as MIKE JOHNSON, Petitioner, v. NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, Respondent.

Supreme Court, New York County.

Decided September 9, 2011.


Attorney(s) appearing for the Case

Glenn Hardy , Garden City, for petitioner.

Eric T. Schneiderman , Attorney General, New York City ( Kevin Harkins of counsel), for respondent.


OPINION OF THE COURT

MARCY L. KAHN, J.

Petitioner Michael Miller, also known as Mike Johnson (petitioner or Miller), was convicted by plea of guilty of criminal possession of a controlled substance in the second degree (Penal Law § 220.18) and on February 28, 1992 was sentenced to an indeterminate term of three years to life imprisonment. He now seeks a judgment and order of this court pursuant to CPLR 7803 (1) directing respondent New York State Department...

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