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PEOPLE EX REL. DRISCOLL v. LaCLAIR

63 A.D.3d 1364 (2009)

880 N.Y.S.2d 404

THE PEOPLE OF THE STATE OF NEW YORK ex rel. RASHAD DRISCOLL, Respondent, v. D. LaCLAIR, as Superintendent of Franklin Correctional Facility, Appellant.

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

Decided June 11, 2009.

Lahtinen, J.

In 1994, petitioner was convicted of criminal possession of a controlled substance in the third degree and sentenced to 11/3 to 4 years in prison. Following his release on parole, petitioner was convicted of criminal sale of a controlled substance in the third degree and, in 1996, was sentenced to a prison term of 4½ to 9 years. Petitioner again was released to parole supervision and, in 2006, he was convicted of criminal possession of a controlled...

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