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MATTER OF ROSA v. FISCHER

511788.

87 A.D.3d 1252 (2011)

930 N.Y.S.2d 310

2011 NY Slip Op 6626

In the Matter of JOSE ROSA, Appellant, v. BRIAN FISCHER, as Commissioner of Correctional Services, et al., Respondents.

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

Decided September 29, 2011.

Petitioner was convicted in 1992 of criminal sale of a controlled substance in the third degree and was sentenced to 6 to 12 years in prison. In 1996, while participating in a work release program, he was arrested and returned to the custody of the Department of Correctional Services (hereinafter DOCS). In 1998, he was convicted of two counts of attempted assault in the first degree and criminal possession of a weapon in the second...

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