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PEOPLE EX REL. FELIZ v. SMITH

532508.

203 A.D.3d 1422 (2022)

162 N.Y.S.3d 796

2022 NY Slip Op 01858

The People of the State of New York ex rel. Juan Feliz, Appellant, v. Brandon J. Smith, as Superintendent of Greene Correctional Facility, et al., Respondents.

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

Decided March 17, 2022.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York City ( Alma D. Gonzalez of counsel), for appellant.

Letitia James , Attorney General, Albany ( Frank Brady of counsel), for Brandon J. Smith and another, respondents.

Darcel D. Clark , District Attorney, New York City ( John T. Komondorea of counsel), for Bronx County District Attorney, respondent.

Egan Jr., J.P., Clark, Reynolds Fitzgerald and McShan, JJ., concur.

Petitioner is an incarcerated individual at Greene Correctional Facility (hereinafter GCF) serving a prison sentence of eight years upon his 2016 conviction of criminal sexual act in the first degree. In October 2020, petitioner filed an application for a writ of habeas corpus seeking his immediate release from GCF asserting that his...

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