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MATTER OF HILLARD v. ANNUCCI

531779.

190 A.D.3d 1183 (2021)

139 N.Y.S.3d 727

2021 NY Slip Op 00355

In the Matter of Jackie Hillard, 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 January 21, 2021.

Attorney(s) appearing for the Case

Jackie Hillard, Rome, appellant pro se.

Letitia James , Attorney General, Albany ( Frank Brady of counsel), for respondent.

Garry, P.J., Egan Jr., Mulvey, Aarons and Colangelo, JJ., concur.

In 2014, petitioner was sentenced to a two-year prison term, to be followed by two years of postrelease supervision (hereinafter PRS) upon his conviction for a drug-related crime. He was released to PRS in 2015 and, on March 22, 2017, while still serving PRS, he was arrested and incarcerated on new charges. Although he remained incarcerated on the new charges, no declaration of delinquency was filed by parole officials (see Penal Law § 70.40[3]) and he continued...

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