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STATE EX REL. PORTER v. NAPOLI

56 A.D.3d 830 (2008)

867 N.Y.S.2d 733

THE PEOPLE OF THE STATE OF NEW YORK ex rel. JASON PORTER, Appellant, v. DAVID NAPOLI, as Superintendent of Southport Correctional Facility, Respondent.

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

November 6, 2008.

In 1995, petitioner was convicted of criminal possession of a controlled substance in the third degree and was sentenced to 2 to 6 years in prison. He was subsequently released to parole supervision on three separate occasions, but was returned to the custody of the Department of Correctional Services (hereinafter DOCS) as a parole violator following each release. In 2000, petitioner was convicted of criminal sale of a controlled substance in the third degree and assault...

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