MATTER OF JOHNSON v. FISCHER

514566.

104 A.D.3d 1004 (2013)

960 N.Y.S.2d 559

2013 NY Slip Op 1587

In the Matter of MELVIN JOHNSON, Appellant, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

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

March 14, 2013.


In 1995, petitioner was sentenced, as a persistent felony offender, to four concurrent prison terms of 25 years to life. In 2010, he requested that respondent, pursuant to Correction Law § 601-a, notify the sentencing court that he had been erroneously sentenced as a persistent felony offender. Respondent denied the request, based upon his determination that petitioner had not demonstrated that he was sentenced in error.* Thereafter, petitioner...

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