PEOPLE EX REL. JONES v. MARTUSCELLO

515589.

111 A.D.3d 1184 (2013)

975 N.Y.S.2d 698

2013 NY Slip Op 7892

THE PEOPLE OF THE STATE OF NEW YORK ex rel. ROBERT JONES, Appellant, v. DANIEL F. MARTUSCELLO, as Superintendent of Coxsackie Correctional Facility, Respondent.

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

Decided November 27, 2013.


Petitioner was convicted in 1983 of attempted criminal possession of a weapon in the third degree, and was sentenced to a prison term of 2 to 4 years. He was next convicted of criminal possession of a weapon in the third degree in 1987, and was sentenced to 2 ½ to 5 years in prison. Petitioner was then convicted of robbery in the first degree and sodomy in the first degree in 1990, adjudicated a persistent violent felony offender, and sentenced to an aggregate prison...

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