PEOPLE EX REL. CARTER v. SMITH

520859.

134 A.D.3d 1338 (2015)

20 N.Y.S.3d 920

2015 NY Slip Op 09343

THE PEOPLE OF THE STATE OF NEW YORK ex rel. SHALIEK CARTER, Appellant, v. BRANDON J. SMITH, as Superintendent of Greene Correctional Facility, Respondent.

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

Decided December 17, 2015.


Petitioner was sentenced to 3½ years in prison following his 2002 conviction of robbery in the second degree.* In 2007, petitioner was sentenced to a prison term of 13 years and five years of postrelease supervision following his conviction of attempted robbery in the first degree. Petitioner commenced this CPLR article 70 proceeding for habeas corpus relief asserting that, because he served three years of an illegally imposed period of postrelease...

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