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PEOPLE EX REL. FIGUEROA v. KEYSER

No. 531784.

193 A.D.3d 1148 (2021)

145 N.Y.S.3d 663

2021 NY Slip Op 02035

The People of the State of New York ex rel. William Figueroa, Appellant, v. William Keyser, as Superintendent of Sullivan Correctional Facility, Respondent.

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

Decided April 1, 2021.

Attorney(s) appearing for the Case

William Figueroa, Fallsburg, appellant pro se.

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

Garry, P.J., Lynch, Clark, Pritzker and Reynolds Fitzgerald, JJ., concur.

Petitioner is currently serving a sentence of imprisonment upon his 1991 conviction for murder in the second degree and other crimes (People v Figueroa, 213 A.D.2d 669 [1995], lv denied 85 N.Y.2d 972 [1995]) and is eligible for parole in 2038. In April 2020, he filed an application for a writ of habeas corpus seeking his immediate release from Sullivan Correctional Facility (hereinafter SCF) asserting that his underlying health...

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