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MATTER OF RUSSELL v. ANNUCCI

520059

131 A.D.3d 772 (2015)

14 N.Y.S.3d 821

2015 NY Slip Op 06541

In the Matter of FRANK F. RUSSELL, Appellant, v. ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.

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

Decided August 13, 2015.

In 1992, 1995 and 2003, petitioner was convicted, respectively, of the crimes of attempted assault in the second degree, criminal possession of a controlled substance in the third degree and attempted criminal possession of a controlled substance in the fifth degree. The indeterminate sentences for these crimes, ranging from 1½ to 3 years to 4½ to 9 years in prison, ran consecutively and, after they were imposed, petitioner was periodically released to parole supervision...

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