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MATTER OF SMITH v. ANNUCCI

533288.

205 A.D.3d 1180 (2022)

166 N.Y.S.3d 609

2022 NY Slip Op 03162

In the Matter of Dwight Smith, 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 May 12, 2022.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York City ( Matthew Bova of counsel), for appellant.

Letitia James , Attorney General, Albany ( Laura Etlinger of counsel), for respondent.

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

In 2012, petitioner was convicted of manslaughter in the first degree and was then placed under the custody of the Department of Corrections and Community Supervision (hereinafter DOCCS). In 2016, this conviction was reversed, with the People granted leave to re-present charges to a different grand jury (People v Smith,

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