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PEOPLE EX REL. MacALUSO v. KEYSER

No. 531826.

193 A.D.3d 1152 (2021)

141 N.Y.S.3d 734

2021 NY Slip Op 02037

The People of the State of New York ex rel. Vincent MacAluso Jr., 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

Vincent Macaluso, Jr., 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 an inmate at Sullivan Correctional Facility (hereinafter SCF) serving a prison sentence of 20 years upon his conviction of robbery in the first degree, and is eligible for parole in 2029 (People v Macaluso, 144 A.D.3d 947 [2016], lv denied 28 N.Y.3d 1186 [2017]). In April 2020, he filed an application for a writ of habeas corpus seeking his immediate release from SCF asserting...

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