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MATTER OF SMITH v. ANNUCCI

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162 A.D.3d 1430 (2018)

80 N.Y.S.3d 503

2018 NY Slip Op 04803

In the Matter of Thomas Smith, Appellant, v. Anthony J. Annucci, as Acting Commissioner of Corrections and Community Supervision, et al., Respondents.

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

Decided June 28, 2018.

In 2010, petitioner was convicted of robbery in the third degree and sentenced as a second felony offender to a prison term of 2½ to 5 years, and he began serving his sentence (hereinafter the 2010 sentence). During his release to parole supervision in 2013, he was returned to the custody of the Department of Corrections and Community Supervision (hereinafter DOCCS) to complete his 2010 sentence after violating the conditions of his release and was later arrested for...

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