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PEOPLE EX REL. WINGATE v. STATE OF NEW YORK DEPARTMENT OF CORRECTIONS AND COMMUNITY SERVICES

533988.

208 A.D.3d 1523 (2022)

174 N.Y.S.3d 779

2022 NY Slip Op 05248

The People of the State of New York ex rel. Blake Wingate, Appellant, v. State of New York Department of Corrections and Community Services at Southport Correctional Facility Medical, Respondent.

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

Decided September 22, 2022.

Attorney(s) appearing for the Case

Blake Wingate, Romulus, appellant pro se.

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

Garry, P.J., Egan Jr., Lynch, Aarons and Ceresia, JJ., concur.

Petitioner is serving a prison term of 14 years upon his 2015 conviction of robbery in the second degree and assault in the second degree (People v Wingate, 184 A.D.3d 738 [2d Dept 2020], lv denied 35 N.Y.3d 1071 [2020]). In October 2020, petitioner moved by order to show cause seeking, among other things, immediate release from prison via either a writ of habeas corpus pursuant to CPLR article 70 or a CPLR article 78 proceeding in the nature of mandamus to...

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