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MATTER OF McBRIDE v. FISCHER

65 A.D.3d 1438 (2009)

885 N.Y.S.2d 440

In the Matter of NATHAN McBRIDE, Appellant, v. BRIAN FISCHER, as Commissioner of Correctional Services, et al., Respondents.

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

Decided September 24, 2009.

Petitioner was convicted in 1988 of attempted manslaughter in the first degree and was sentenced as a second violent felony offender to a term of 4 to 8 years in prison. He was later released to parole supervision, but was convicted in 1995 of robbery in the first degree. For this crime, he was sentenced as a persistent violent felony offender to a term of 20 years to life in prison. Neither the sentencing minutes nor the order of commitment specified whether this sentence...

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