PEOPLE EX REL. SMITH v. FIELDS

2020-03809. Index No. 51164/20.

189 A.D.3d 866 (2020)

136 N.Y.S.3d 436

2020 NY Slip Op 07213

The People of the State of New York ex rel. Edward E. Smith, on Behalf of Jose Colon, Appellant, v. Leroy Fields et al., Respondents.

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

Decided December 2, 2020.


Attorney(s) appearing for the Case

Laurette D. Mulry, Riverhead, NY (Edward E. Smith, pro se, and Anju Alexander of counsel), for appellant.

Letitia James , Attorney General, New York, NY ( Steven C. Wu and Blair J. Greenwald of counsel), for respondents.

Scheinkman, P.J., Dillon, LaSalle and Christopher, JJ., concur.


Ordered that the appeal is dismissed as academic, without costs or disbursements.

In 2012, petitioner was convicted, upon his plea of guilty, of, among other crimes, criminal sex act in the first degree (two counts) and sexual abuse. The petitioner was sentenced, inter alia, to a determinate term of imprisonment of 8 years with a period of postrelease supervision of 20 years.

The petitioner's maximum expiration date for his term of imprisonment expired in...

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