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PEOPLE EX REL. WALLACE v. LAVALLEY

513910.

102 A.D.3d 1038 (2013)

957 N.Y.S.2d 917

2013 NY Slip Op 368

THE PEOPLE OF THE STATE OF NEW YORK ex rel. HOWARD WALLACE, Appellant, v. THOMAS LAVALLEY, as Superintendent of Clinton Correctional Facility, Respondent.

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

Decided January 24, 2013.

Following a new trial ordered after petitioner's prior conviction was reversed (People v Wallace, 250 A.D.2d 398, 399 [1998]), petitioner was convicted of three counts of robbery in the first degree. He was thereafter sentenced, as a persistent violent felony offender, to an aggregate prison term of 60 years to life. The judgment of conviction was affirmed on appeal (People v Wallace, 298 A.D.2d 130

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