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GONZALEZ v. ANNUCCI

521458.

149 A.D.3d 256 (2017)

2017 NY Slip Op 02099

50 N.Y.S.3d 597

In the Matter of MIGUEL GONZALEZ, 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 March 23, 2017.

Attorney(s) appearing for the Case

Jill K. Sanders , Center for Appellate Litigation, New York City, for appellant.

Eric T. Schneiderman , Attorney General, Albany ( Zainab A. Chaudhry of counsel), for respondent.

LYNCH and AARONS, JJ., concur with GARRY, J.; McCARTHY, J.P., concurs in part and dissents in part in a separate opinion in which ROSE, J., concurs.

OPINION OF THE COURT

Appeal from a judgment of the Supreme Court (Hard, J.), entered July 20, 2015 in Albany County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition.

Petitioner pleaded guilty to the crime of rape in the second degree and, on April 3, 2012, was sentenced to 2½ years in prison...

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