PEOPLE EX REL. LASHWAY v. THOMAS

515357

110 A.D.3d 1407 (2013)

974 N.Y.S.2d 624

2013 NY Slip Op 7100

THE PEOPLE OF THE STATE OF NEW YORK ex rel. STEVEN LASHWAY, Appellant, v. GRIFFIN THOMAS, as Superintendent of Southport Correctional Facility, Respondent.

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

Decided October 31, 2013.


As relevant herein, in 1990, petitioner was under parole supervision stemming from a 1978 sentence of 5 to 15 years in prison for rape in the first degree when he was arrested and charged with three counts of rape in the second degree. After a jury found defendant guilty of these charges, he was sentenced, as a second felony offender, to three consecutive prison sentences of 3½ to 7 years. Additionally, petitioner was convicted in 2009 of assault in the third degree...

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