In 2012, petitioner was convicted of aggravated vehicular homicide and sentenced to a prison term of 4 to 12 years. Petitioner commenced this CPLR article 78 proceeding, challenging, as is relevant to this appeal, his eligibility for merit time. Supreme Court granted respondent's motion to dismiss the petition for failure to state a cause of action. Petitioner now appeals.
The Attorney General has advised this Court that petitioner has made his initial appearance...
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