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PEOPLE EX REL. RODRIGUEZ v. MILLER

523082.

150 A.D.3d 1500 (2017)

2017 NY Slip Op 04004

52 N.Y.S.3d 237

THE PEOPLE OF THE STATE OF NEW YORK ex rel. EDWIN RODRIGUEZ, Appellant, v. CHRISTOPHER MILLER, as Superintendent of Great Meadows Correctional Facility, Respondent.

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

Decided May 18, 2017.

Petitioner is currently serving two concurrent five-year prison terms based on two convictions of robbery in the first degree (People v Rodriguez, 144 A.D.3d 498 [2016], lv denied 28 N.Y.3d 1188 [2017]). Petitioner commenced this CPLR article 70 proceeding for a writ of habeas corpus claiming that he should be transferred to a Comprehensive Alcohol and Substance Abuse Treatment program and...

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