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PEOPLE EX REL. NADAL v. RIVERA

63 A.D.3d 1434 (2009)

880 N.Y.S.2d 585

THE PEOPLE OF THE STATE OF NEW YORK ex rel. ABDUL NADAL, Respondent, v. FRANCISCO RIVERA, as Superintendent of Wallkill Correctional Facility, et al., Appellants.

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

Decided June 18, 2009.

Cardona, P.J.

In 1999, petitioner was convicted of criminal sale of a controlled substance in the third degree and sentenced as a second felony offender to a prison term of 4½ to 9 years. Following his release on parole, petitioner was convicted of arson in the fourth degree in 2005 and sentenced as a second felony offender to 1½ to 3 years in prison. Neither the sentencing minutes nor the commitment order specified whether petitioner's 2005 sentence was...

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