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PEOPLE EX REL. BERRY v. D.E. LaCLAIR

65 A.D.3d 1428 (2009)

885 N.Y.S.2d 435

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

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

Decided September 24, 2009.

In 2006, petitioner was convicted of two counts of criminal sexual act in the third degree and two counts of sexual misconduct. He was sentenced as a second felony offender to consecutive terms of 2 to 4 years in prison on the criminal sexual act counts and to time served on the remaining counts. His conviction was later affirmed on appeal (People v Berry, 45 A.D.3d 693 [2007]). Petitioner subsequently commenced this proceeding pursuant...

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