MATTER OF ESTRADA v. FISCHER

514323.

101 A.D.3d 1314 (2012)

955 N.Y.S.2d 704

2012 NY Slip Op 8607

In the Matter of MAXIMINO ESTRADA, Appellant, v. BRIAN FISCHER, as Commissioner of Correcctions and Community Supervision, Respondent.

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

December 13, 2012.


In 2002, petitioner was convicted of manslaughter in the first degree, a class B violent felony (see Penal Law § 70.02 [1] [a]), and attempted robbery in the first degree and criminal possession of a weapon in the second degree, both class C violent felonies (see Penal Law § 70.02 [1] [b]). He was sentenced to prison terms of 25 years on the manslaughter conviction, seven years on the attempted robbery conviction and seven years on

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