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PEOPLE EX REL. STATON v. YELICH

62 A.D.3d 1221 (2009)

878 N.Y.S.2d 923

THE PEOPLE OF THE STATE OF NEW YORK ex rel. DARREN STATON, Appellant, v. BRUCE YELICH, as Superintendent of Bare Hill Correctional Facility, Respondent.

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

Decided May 28, 2009.

In 1994, petitioner was convicted of unlawful imprisonment in the first degree and criminal possession of a weapon in the fourth degree and sentenced as a persistent felony offender to an aggregate prison term of 15 years to life (People v Staton, 235 A.D.2d 560 [1997], lv denied 89 N.Y.2d 1101 [1997]). Petitioner thereafter commenced this CPLR article 70 proceeding seeking a writ of habeas corpus contending that the persistent...

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