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PEOPLE EX REL. DeFREITAS v. CALLADO

527771.

172 A.D.3d 1811 (2019)

100 N.Y.S.3d 779

2019 NY Slip Op 04073

The People of the State of New York ex rel. Miguel DeFreitas, Appellant, v. Jaifa Callado, as Superintendent of Shawangunk Correctional Facility, Respondent.

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

Decided May 23, 2019.

Petitioner was convicted in 1992 of, among other crimes, attempted murder in the first degree and two counts of robbery in the first degree, for which he is serving an aggregate prison term of 521/3 years to life in prison, and his convictions were affirmed on his direct appeal (People v DeFreitas, 213 A.D.2d 96 [1995], lv denied 86 N.Y.2d 872 [1995]). In 2018, petitioner commenced this CPLR article 70 proceeding seeking a...

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