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MATTER OF NUNEZ v. STATE OF NEW YORK DEPT. OF CORR. & COMMUNITY SUPERVISION

519082.

125 A.D.3d 1030 (2015)

999 N.Y.S.2d 768

In the Matter of ALVELCIO NUNEZ, Appellant, v. STATE OF NEW YORK DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, Respondent.

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

Decided February 5, 2015.

On February 12, 2008, while on parole for crimes he was convicted of in 2005, petitioner was charged with additional crimes and incarcerated, but no parole violation proceedings were commenced. On July 1, 2008, petitioner's adjusted maximum sentence on his 2005 convictions expired and he was discharged from parole on those charges while still incarcerated and awaiting trial on the new charges. He was convicted on the new charges and sentenced in February 2010 to an aggregate...

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