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MATTER OF GEE v. DESIMONE

517786

128 A.D.3d 1116 (2015)

6 N.Y.S.3d 502

2015 NY Slip Op 03886

In the Matter of CARL GEE, Appellant, v. RICHARD DESIMONE, as Associate Counsel in Charge of Office of Sentencing Review, Respondent.

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

Decided May 7, 2015.

Petitioner commenced this CPLR article 78 proceeding seeking to compel respondent to notify the sentencing court and other individuals, in accordance with Correction Law § 601-a, that he was erroneously sentenced in 1998 as a persistent violent felony offender. Supreme Court granted respondent's motion to dismiss the petition, finding that petitioner was collaterally estopped from relitigating his claims inasmuch as he previously...

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