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PEOPLE EX REL. KENNETH HARRIS v. FISCHER

2006-10613.

2008 NY Slip Op 06388

THE PEOPLE, ETC., EX REL. KENNETH HARRIS, appellant, v. BRIAN FISCHER, ETC., respondent.

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

Decided July 22, 2008.

Attorney(s) appearing for the Case

Raymond E. Kerno, Mineola, N.Y., for appellant.

Andrew M. Cuomo, Attorney General, New York, N.Y. (Roseann B. McKechnie and Laura R. Johnson of counsel), for respondent.

Before: ROBERT A. SPOLZINO, J.P., DANIEL D. ANGIOLILLO, RUTH C. BALKIN, JOHN M. LEVENTHAL, JJ.

DECISION & ORDER

ORDERED that the judgment is affirmed, without costs or disbursements.

The petitioner was convicted of robbery in the first degree in Queens County in December 1990 and was sentenced on January 17, 1991, to a term of 6 to 18 years incarceration. After he had been under parole supervision for 5 years, the petitioner was rearrested in Suffolk County in January 2005, and pleaded guilty to assault in the first degree. On September 26, 2005...

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