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MATTER OF McCULLAUGH v. DeSIMONE

516466.

111 A.D.3d 1011 (2013)

974 N.Y.S.2d 306

2013 NY Slip Op 7239

In the Matter of ROBERT McCULLAUGH, Appellant, v. RICHARD DeSIMONE, as Associate Counsel for the Department of Corrections and Community Supervision, Respondent.

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

Decided November 7, 2013.

In October 1998, petitioner was sentenced upon his conviction of the crimes of criminal possession of a weapon in the second degree (two counts) and criminal possession of a weapon in the third degree. Petitioner's judgment of conviction was affirmed on direct appeal (People v McCullough, 283 A.D.2d 988 [2001], lv denied 96 N.Y.2d 941 [2001]). In calculating the length of petitioner's sentence, the Department of Corrections...

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